The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. In full view of the following factors: (a) the Defendant, after the sentence of the lower judgment, paid the employees unpaid wages, etc. to the employees, and the Defendant did not want the Defendant’s punishment; (b) the Defendant did not have any record of being punished for the same kind of crime; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) the sentencing conditions, including the Defendant’s age, character and conduct, the motive, means and consequence

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201);

1. Articles 40 and 50 of the Criminal Act for each ordinary competition (trades violating the respective Labor Standards Act and violating the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;