The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The amount of the determined wages and retirement allowances is more than KRW 300,000,000 in total, because the amount of such unpaid wages and retirement allowances is directly related to the maintenance of the livelihood of the employee concerned.

On the other hand, the workers of this case received some money from the defendant under the pretext of unpaid wages and retirement allowances, or received some money from the real estate owned by the defendant's company in the auction procedure of real estate rental.

In addition, in full view of various sentencing conditions, such as the Defendant’s age, criminal records (two times of a fine) and criminal records (two times of a fine), the circumstances and methods of the crime, and the circumstances after the crime, the sentence imposed by the court below is unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied Judgment] The criminal facts and summary of evidence against the defendant recognized by the court are the same as that of each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017); Articles 109(1) and 36 of the former Labor Standards Act (wholly amended by Act No. 16270, Jan. 15, 2019); Articles 109(1) and 36 of the former Labor Standards Act (wholly amended by Act No. 16270, Jan. 15, 2019); Articles 44 subparag. 1 and 9 of the Act on Guarantee of Workers’ Retirement Benefits

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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