The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The part of the lower judgment dismissing the public prosecution among the reasoning of the appeal was excluded from the scope of deliberation per the trial due to the failure of both the Defendant and the Prosecutor to appeal.

A. The punishment sentenced by the lower court (five million won in penalty) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. That the sum of the amount in arrears with the accused exceeds 32 million won, and that if the accused considers the economic and mental difficulties that he/she had experienced by the victimized workers due to the unpaid wages and retirement allowances, the accused’s liability for the crime is less light;

shall not be deemed to exist.

However, the Defendant recognized the instant crime and is in profoundly against the Defendant, and seems to have delayed payment of wages, etc. due to the aggravation of the management of the workplace.

In addition, the defendant paid both wages in arrears and retirement pay to E, I, and H for the first time in the trial, and made efforts to recover damages such as paying civil judgments against F.

In full view of other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and circumstances after the commission of the crime, the Defendant’s appeal is reasonable, since the sentence imposed by the lower court is deemed to be too unreasonable than that that of the Defendant, and the Prosecutor’s appeal is groundless.

3. Therefore, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized 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) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (attached to the judgment of the court below)