The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. It is unfair that the first deliberation punishment (the punishment of imprisonment with prison labor for 8 months and the suspension of execution for 2 years) is too unreasonable.

2. The instant crime committed on the basis of the following facts: (a) the Defendant did not pay approximately KRW 8583,00,000 for the total amount of wages and retirement allowances to employees; (b) the amount of which is not specified; and (c) the employee who did not receive wages, etc. appears to have suffered considerable economic pain, etc.

However, in full view of the following: (a) the Defendant committed the instant crime; (b) the Defendant’s attempt to pay the unpaid wages and retirement allowances to the employees after the instant indictment, thereby completing the repayment thereof in the appellate trial; and (c) the Defendant’s age, sexual conduct, environment, details of the instant crime, circumstances after the instant crime, etc., and other various sentencing conditions as shown in the records and arguments, it is recognized that the first deliberation sentence against the Defendant is too unreasonable because it is too unreasonable.

3. If so, as the defendant's appeal is reasonable, the judgment of the first instance court is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the pleading is followed, and the following is again decided.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts in the judgment of the court of first instance, and thus, the summary of facts and evidence is acceptable as it is 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 for Criminal Facts (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate money or goods);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;