The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine for negligence in KRW 8,000,000 (Mive million).

The defendant above.

1. The lower court, among the facts charged in the instant case, dismissed the prosecution as to the violation of the Labor Standards Act against workers B and the violation of the Act on Guarantee of Workers' Retirement Benefits against Workers C and B, and convicted the remainder of the charges.

In this regard, only the defendant appealed against the conviction, and since the prosecutor did not appeal against the dismissal of public prosecution, the dismissal of public prosecution which the defendant and the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. Summary of and judgment on the grounds for appeal

A. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (five months of imprisonment) is too unreasonable.

B. In light of the fact that the Defendant’s total amount of wages or retirement allowances in arrears with 12 workers exceeds KRW 31 million, and that the Defendant had been punished several times due to the same kind of crime, the Defendant’s criminal liability is not weak.

However, due to the economic difficulties of the company of this case operated by the defendant, it seems that the wages and retirement allowances of the workers of this case were delayed, and the defendant did not have been punished by the fine due to the same kind of crime, and the defendant's active cooperation seems that most of the workers of this case received substitute payment equivalent to the wages or retirement allowances in arrears.

In full view of such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, the circumstances after the instant crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument is justified.

3. Accordingly, the defendant's appeal is with merit. Accordingly, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered through pleading.