The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

The gist of the grounds for appeal by the defendant is that the above sentence of the court below is unfair because the defendant committed the crime of this case due to the aggravation of business financing and financial standing of the court below, in light of the fact that the defendant committed the crime of this case due to the aggravation of the defendant's business financing, the mediation was established, and the first offender, the sentence of the court below (the imprisonment of four months and one year of suspended execution) which sentenced the defendant is too unreasonable and unfair. On the contrary, the gist of the reasons for appeal by the prosecutor is that the defendant did not pay wages and retirement allowances exceeding the total amount of 60 million won to six workers, since the crime of this part of the court below is not paid more than the total amount of 60 million won, the damage amount is reasonable, and the mediation clause is not implemented properly.

In full view of the above circumstances as asserted by the Defendant, the Defendant, and the Prosecutor, as well as the following circumstances, the Defendant agreed with K workers only after the conclusion of the instant pleadings, and each substitute payment has been made to five workers, and the damage has been considerably recovered, and other various circumstances that form the conditions for sentencing, such as the Defendant’s character, conduct, environment, etc., the sentence of the lower court is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the guilty part of the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act (hereafter referred to as "amount of unpaid wages") for facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act for the Appointment of Workers' Retirement Allowances (hereafter referred to as "amount of unpaid retirement allowances");

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

1. Each selective fine for punishment;