The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

The summary of the grounds for appeal (unfair punishment) that the court below sentenced to the defendant (one hundred months of imprisonment and two years of suspended execution) is too uneasy and unfair.

Before determining the grounds for appeal for ex officio determination, the court below, ex officio, did not pay 1,564,260 won in the facts charged of this case [the retirement allowance of 1,487,397 won in relation toO No. 7 No. 8, a year, 363,877 won in relation to L No. 9, a year, 248,838 won in relation to retirement allowance of 2,248,838 won in relation to L No. 14, a year, 174,370 won in relation to L No. 17, a year, and 14 days in relation to L No. 1,53,948 won in relation to retirement allowance of 17, a year, and 174,370 won in relation to H within 14 days from the date of the date of the occurrence of the grounds for payment]. This part of the facts charged of this case is subject to Article 109(1) and 36 of the Labor Standards

However, according to Articles 109 and 36 of the Labor Standards Act, not Articles 31 and 9 of the Guarantee of Workers' Retirement Benefits Act, which was enacted by Act No. 7339 on January 27, 2005 and enforced on December 1, 2005, and Article 34 of the amended Labor Standards Act as well as Article 34 of the amended Labor Standards Act, the punishment for the unpaid retirement benefits to workers after the enforcement date of the above Act shall be applied, not

(1) The court below's decision that applied the Labor Standards Act to the above facts charged is erroneous in the application of the Act, since only the name of the crime and the applicable provisions of law are different, and the facts charged per se are identical and there is no possibility of causing substantial disadvantage to the defendant's exercise of his right to defense, and therefore the court below's decision cannot be maintained

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

b) the evidence;