The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. Although the unpaid wages and retirement allowances in the instant case were written to approximately KRW 61 million, the sentencing of the lower court is deemed to be unfair in light of the following circumstances: (a) although the Defendant was mistakenly admitted and reflected, the Defendant did not have any record of being punished for the same crime; (b) the Defendant partially recovered from the damages through the system of a small-amount substitute payment; (c) there was agreement with the victimized workers E, G, and F; and (d) when the victimized workers excluded from the amount recovered by the small-amount substitute payment system and the Defendant’s additional repayment, the unpaid wages and retirement allowances amounting to approximately KRW 11 million have been recovered; and (b) other factors such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime were committed, etc., the sentencing of the lower court is deemed to be too unreasonable.

Therefore, the defendant's argument is justified.

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.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

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

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are examined in the above 2.