The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The determination of the Defendant’s delayed wages and retirement allowances amounted to approximately KRW 140 million, and the fact that the Defendant did not reach an agreement with 14 workers is disadvantageous.

However, it is obvious that the Defendant’s mistake against the injury to workers, and that it would result in the instant crime due to the aggravation of business management, and that part of the delayed payment amount was paid to 11 workers (including foreign workers) by substitute payment (a total of approximately KRW 69 million), insurance money (a total of KRW 7,700,000) to four foreign workers, and that the revocation of the complaint was submitted by five workers (in addition, it is not confirmed whether the withdrawal of the complaint was made by two workers, but it was made by the authors), and that there was no criminal conviction or fine exceeding the same criminal record or fine.

In addition, comprehensively taking account of all the records of this case, including the defendant's age, sexual conduct, background of the crime, and circumstances after the crime, the court below's punishment is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Act on the Standards of Wage and Wages for Criminal Facts, and Articles 44 subparag. 1 and 44 of the Act on the Guarantee of Retirement of Workers.