The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the court below is too unreasonable.

2. The judgment of this case is the case where the defendant delayed payment of approximately KRW 15,30,00,000,000, such as wages, retirement allowances, etc. of employees D employed by the company run by the defendant, and when considering all of the sentencing conditions of this case, the sentence of the court below is somewhat inappropriate, in light of the following factors: (a) the defendant committed the crime of this case at the time of the trial; (b) the defendant was aware of the fact that D was committing the crime of this case; (c) the damage was completely recovered through the seizure and collection order of claims; (d) the D was employed in the competition company with hard disks and Nowon-North Korea with useful materials of the company; and

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

[C] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that a summary of the facts constituting an offense and the evidence recognized by the court shall be cited in the summary of the evidence, except that the defendant's oral statement is added to "1. The defendant's oral statement at the trial" as stated in the judgment of the court below.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act on criminal facts; Articles 31 and 9 of the former Guarantee of Workers’ Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201)

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing period of Article 334(1) of the Criminal Procedure Act is the same as that of paragraph (2) prior to the reasons for sentencing.