The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the reasons for appeal (one year of suspended sentence in six months of imprisonment) is deemed to be too unhued and unfair.

2. It is recognized that the defendant's mistake is recognized and reflects his/her own mistake, the defendant has no criminal record exceeding the fine, and a considerable number of workers have recovered from damage.

However, in light of the fact that the Defendant had been in arrears with wages and retirement allowances for a long time to a large number of workers, and the sum of the overdue wages and retirement allowances exceeds KRW 100 million, the Defendant committed each of the instant crimes again despite having been committed several previous convictions, and the legislative intent of the Labor Standards Act for Guarantee of Basic Living Standards for Workers, it is necessary to strictly punish such crimes in light of the motive and background of the instant crimes, circumstances after the instant crimes, the Defendant’s age, sexual behavior, environment, and family relationship, the lower court’s punishment is too unreasonable.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled after pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each 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. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts and Subordinate Statutes concerning facts constituting an offense, Articles 109 (1) and 36 of the Act on the Standards for Selective Labor, Article 44 subparagraph 1 and Article 9 of the Guarantee for Retirement Benefits of Workers, Article 44 of the Act on the Guarantee for Retirement Benefits of Workers, and Selection of

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;