The prosecutor's appeal is dismissed.

1. The court below rendered a judgment dismissing the prosecution against the violation of the Labor Standards Act among the facts charged in this case and the violation of the Act on the Guarantee of Workers' Retirement Benefits against the workers listed in the annexed list Nos. 1, 2, 5, 6, 10 and 18, and convicted the rest of the facts charged.

However, the prosecutor filed an appeal against the guilty portion, and since all the defendants and prosecutors did not appeal against the dismissal part of the public prosecution, the above dismissal part of the public prosecution is finalized as it is, the scope of this court's judgment is limited to the guilty part

2. The main point of the grounds for appeal is that the lower court’s punishment (exemption from punishment) is too unhued and unreasonable.

3. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

The punishment of this case shall be determined in consideration of the equity between the case where the judgment was rendered concurrently with the violation of the Labor Standards Act as stated in the judgment below.

In full view of the sentencing conditions, such as the character and conduct of the defendant, environment, motive, means and consequence of the crime, circumstance after the crime, etc., as shown in the judgment of the court below, including the fact that the total amount of KRW 20,000,000 (the total amount of KRW 39,312,328) out of the unpaid retirement benefits portion (the total amount of KRW 4,000 per worker) in the judgment of the court below which was convicted of the defendant due to the lack of the expression of intent not to punish his own misconduct and the fact that it appears to have been paid to the relevant worker due to a small substitute payment of the Korea Workers' Compensation and Welfare Service.