The defendant's appeal is dismissed.

1. The lower court dismissed the prosecution against the Defendant as to the violation of the Labor Standards Act against B and the violation of the Act on Guarantee of Workers' Retirement Benefits, and convicted the Defendant as to the remainder of the facts charged (E and five others).

As to this, the Defendant appealed from the judgment of the court below on the ground of unreasonable sentencing as to the guilty portion of the judgment below, the dismissal of the above indictment against the Defendant was separated and finalized, and excluded from the scope of the judgment

2. The sentence imposed by the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

3. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, as indicated in its holding, determined the Defendant’s punishment by comprehensively taking account of various circumstances (such as the number of unpaid workers of wage or retirement benefits, the amount and degree of recovery thereof, and the fact that it does not seem that a maliciously delayed payment of wages or retirement allowances despite its ability to pay such wages or retirement allowances) into account.

Although there are circumstances in which the Defendant could not pay wages and retirement allowances to workers due to business difficulties in the company, the Defendant received a summary order of KRW 3.5 million in the Daegu District Court racing support on February 12, 2019 and issued a summary order of KRW 3.5 million on February 27, 2019, and among the facts charged in the instant case, the Defendant violated the Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits as to Workers F, in addition to the absence of any special circumstances or circumstances that could be considered in the new sentencing after the pronouncement of the lower judgment.