The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the court below's sentence (the imprisonment of eight months (two years of suspended sentence) and one hundred and sixty hours of community service) is too unreasonable.

2. In that the Defendant did not pay a total of KRW 29,410,726 of the wages and retirement allowances of five workers after a considerable period of time has elapsed from the date of retirement, the criminal liability is not less than that of the Defendant.

However, the Defendant agreed with G and J in the trial of the party.

The crime of this case cannot be prosecuted against the clearly expressed will of the victim, and if the defendant agreed with the above two persons at the court below, the defendant would not be punished.

In full view of the above circumstances, Defendant’s character, conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is somewhat unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Re-written judgment] The summary of facts constituting a crime and evidence recognized by this court is identical to the corresponding column of the judgment of the court below, except for the alteration of "1,872,290 won" to "2,00,000 won" as 18th of the judgment of the court below as 2nd of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

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 Act on the Guarantee of Workers’ Retirement Benefits (amended by Act No. 15108, Nov. 28, 201);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment of Violation of the Labor Standards Act for G, Violation of the Guarantee of Workers' Retirement Benefits Act, and Punishment of Violation of the Labor Standards Act of which the nature of the crime is heavier);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.