The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. As to the Defendant’s assertion of unfair sentencing, the amount of wages and retirement allowances in arrears by the Defendant exceeds KRW 400 million and the amount paid up to the trial is merely a part of the amount, and thus, the sentence of sentence is inevitable.

However, the principle of equity and the attached Form of the judgment of the court below in cases where a judgment has already become final and conclusive and the crime of this case

2. In light of the fact that checks were recovered once a year of crime list Nos. 1 and 3, and the fact that wages and retirement allowances of workers are partially paid in the distribution procedure due to auction (one year of imprisonment) it is somewhat significant.

2. 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 reasonable, and the following decision is rendered after pleading

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding part of the judgment of the court below, and thus, they are cited 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; Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act; Article 2(2) and (1) of the Control of Illegal Check Control Act (a default on payment of wages after issuance of checks);

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

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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