We reverse the judgment of the first instance court.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The first deliberation sentencing of the Defendant (the sentencing amount of KRW 3,00,000) on the summary of the grounds for appeal (the sentencing is unfair) is too unreasonable.

2. The fact that the wages and retirement allowances in arrears in the instant case amount to a total of 16,296,350 won, and that the Defendant was punished several times by a fine is disadvantageous to the Defendant, but the fact that 2,560,000 won, which is the total amount of wages in arrears with G and H, out of the above amount, was paid as substitute payment, and that the Defendant committed a crime, was in profoundly against the Defendant, and there are circumstances that may be considered in the course of the crime, and that the Defendant did not have any criminal record of the same criminal record or the punishment heavier than the suspension of execution, are favorable to the Defendant.

In addition to the above circumstances, in full view of the various circumstances, including the Defendant’s age, sex, environment, family relationship, motive and means of committing a crime, and circumstances that are conditions for sentencing as indicated in the records, the first deliberation sentencing of the Defendant against the Defendant is somewhat unreasonable, and thus, the Defendant’s argument in the sentencing is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) by accepting the defendant's appeal, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment of the first instance, except for the case where “6,094,000 won” of the facts charged in the judgment of the first instance is deemed as “6,101,000 won,” and thus, the summary of the facts charged in the judgment of the first instance is 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 Labor Standards Act applicable to facts constituting an offense (a violation of the duty to liquidate money or goods), subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 9 of the same Act (a violation of the duty to pay retirement money);

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.