The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant (unfair punishment)’s imprisonment (two months of imprisonment and two years of suspended sentence) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. It is recognized that the defendant had a history of punishment for a single fine for the same kind of crime, and that the sum of unpaid wages and retirement allowances exceeds 71 million won, etc.

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) there has been no history of criminal punishment for the last ten years or more; (c) the said previous previous crime was punished in 199; (d) there was a time interval of 15 years or more; (e) some circumstances may be taken into account in the course of the instant crime; (b) efforts to recover damage; and (c) the Defendant’s age, character and conduct, environment, family relationship; (d) the motive and background, means and consequence of the instant crime; and (e) all of the sentencing factors indicated in the instant records and pleadings, including the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered

(A) Although an appeal by a prosecutor is without merit, the appeal by a prosecutor shall not be dismissed separately from the disposition of the prosecutor, unless the original judgment is accepted by the defendant and the appeal by the defendant is reversed). [The summary of facts constituting an offense and evidence recognized by the court is the same as the relevant column of the original judgment, and thus, it shall be cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act pertaining to criminal facts are unpaid.