The defendant's appeal is dismissed.

1. The lower court rendered a judgment dismissing the prosecution against the violation of the Labor Standards Act as to B and the violation of the Guarantee of Workers' Retirement Benefits Act among the facts charged in the instant case, and convicted the remainder of the facts charged.

However, the defendant filed an appeal against the guilty portion, and since all the defendant and the prosecutor dismissed the public prosecution, the dismissal part of the above public prosecution becomes final and conclusive as is, the scope of this court's judgment is limited to the guilty part of the judgment below.

2. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

3. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

The circumstance that the defendant asserts as the reason for appeal (such as the fact that the unpaid wages and retirement benefits are expected to be paid) seems to have already been considered in the sentencing process of the court below.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

In addition, comprehensively taking into account the following circumstances, such as the character, conduct, environment, motive, means and consequence of the crime committed by the defendant as shown in the argument of the court below and the party hearing, the sentence of the court below cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.