The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution for one year of imprisonment, and one hundred and twenty hours of community service) is too unhued and unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The amount in arrears of the instant wage exceeds KRW 94 million, and the number of employees who did not receive wages exceeds 33,00,000, etc. are disadvantageous to the Defendant.

However, the judgment of the court below was sentenced to one year of imprisonment due to a violation of the Labor Standards Act which became final and conclusive in the judgment of the court below, and the equality in the case of the judgment at the same time with the above crime should be considered, which resulted in a crime due to business difficulties, such as not receiving the advance payment from the original office, and the fact that the defendant reflects against the defendant

In full view of all other circumstances that form the conditions for sentencing as shown in records and pleadings, the lower court’s sentence cannot be deemed to be unfair as it goes beyond the scope of reasonable discretion.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.