The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (one year of suspended sentence for six months of imprisonment, and 40 hours of community service order) of the lower court is too unreasonable.

2. It is recognized that the crime of this case requires that the Defendant’s total sum of KRW 64,542,810 of the wages of 41 employees employed by the Defendant is not payable, and that the Defendant has a record of being punished once by the same kind of crime, and that the wages and retirement allowances are key elements guaranteeing the basic life of workers, and thus, it is not paid, unlike general default, that the relevant Acts and subordinate statutes shall be subject to separate punishment.

However, in light of the fact that the defendant recognized the crime of this case and reflected the wrongness of the defendant, the defendant did not want the punishment of the defendant, and the remaining workers who did not agree with 15 workers in the trial have been compensated for a substitute payment, etc., the defendant committed the crime of this case as a result of his business progress while running a normal business, and other circumstances, such as the defendant's age, environment, family relationship, circumstances leading to each of the crimes of this case, and circumstances before and after the crime, etc., the court below's punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) of the relevant Act and Article 109(1) of the Labor Standards Act concerning criminal facts;