The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The fact that the Defendant’s unpaid wages and retirement allowances exceed KRW 100 million, many workers who did not receive them, and the Defendant’s failure to pay them for a long time up to the trial, which appears to have suffered from workers’ pain is disadvantageous circumstances.

On the other hand, the fact that the defendant paid some of the money to the employees is favorable.

In addition, comprehensively taking account of various sentencing conditions shown in the instant pleadings, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, the lower court’s punishment is deemed to be too unreasonable.

3. 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 with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 201); Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

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

1. Selection of each sentence of imprisonment;

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