The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal (the original judgment: a fine of ten million won);

2. The purport of the Labor Standards Act, which imposes criminal liability on the person liable for payment of the determined wages and retirement allowances, intends to ensure that the employee maintains his/her livelihood upon receiving a normal wage and is entitled to receive a reasonable wage, and the fact that the total amount of the unpaid wages and retirement allowances in the instant case is not

However, it is favorable to the defendant that the victim's damage is recovered in the trial, and that the defendant does not want the punishment against the defendant by mutual consent with the victim.

In addition, the sentence of the court below is somewhat inappropriate in light of various sentencing conditions shown in the argument of this case, such as the circumstances after the crime was committed, the character and conduct of the defendant, and the environment.

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

[ multi-use reasons for the judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;