The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for three months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for each of 6 months of imprisonment and 2 years of suspended sentence) is deemed to be too uneasy and unfair.

2. Examination ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.

The crime of violation of Article 44 subparagraph 1, Article 9 of the Act on the Guarantee of Workers' Retirement Benefits and Article 109 (1) and Article 36 of the Labor Standards Act are related to ordinary concurrent crimes prescribed in Article 40 of the Criminal Act (see Supreme Court Decision 2012Do13244, Apr. 25, 2013). In such a case, the lower court identified the crime of violation of Article 44 subparagraph 1, Article 49 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 109 (1) and 36 of the Labor Standards Act as substantive concurrent crimes and omitted ordinary concurrent crimes in the application of statutes.

The above mistake affected the conclusion of the judgment.

In this respect, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

【Grounds for another judgment】 The facts constituting the offense against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below. Thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act, Article 30 of the Criminal Act (the fact that wages are not paid), Article 44 Subparag. 1 and 9 of the Guarantee of Retirement Benefits for each worker, Article 30 of the Criminal Act (the fact that the retirement payment is not paid) concerning criminal facts;

1. Articles 40 and 50 of each Criminal Act for regular concurrence (limited to a violation of the Labor Standards Act and a violation of the Guarantee of Workers' Retirement Benefits);

1. Selection of each sentence of imprisonment;

1. The sentence of imprisonment is to be imposed in consideration of the fact that the delayed payment of the grounds for sentencing under Article 62(1) of the Criminal Act is the maximum amount, and that Defendant B has the record of being punished for the same kind of crime.