The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The judgment of the defendant committed the crime of this case at issue, where the total amount of wages and retirement allowances that the defendant did not pay to workers D and E exceeds KRW 30 million, where workers D want to be punished by severe punishment against the defendant at the court below, and the defendant did not pay wages and retirement allowances to the employees of the above workers, and even if he was punished as a violation of the Labor Standards Act in 2008 and 2013, he again committed the crime of this case at a disadvantage to the defendant.

However, in full view of the favorable circumstances such as the Defendant’s age, sexual behavior, environment, family relationship, etc., it is difficult to deem the sentencing of the lower court to be unfair because it is too low, considering the following: (a) the Defendant recognized the instant crime; (b) the employee E received wages from the Defendant during the lower judgment; (c) the Defendant expressed his intention not to want the Defendant’s punishment; (d) the Defendant’s previous payment of KRW 7 million to the employee D; and (e) the Defendant’s payment of wages and retirement pay to the employee D when combined with the amount of KRW 16 million paid during the lower judgment; and (e) the Defendant has no record of criminal punishment other than the fine.

3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure: (a) ex officio, pursuant to Article 25(1) of the Rules on Criminal Procedure, the term “the pertinent Article of the Act on 1. Criminal Crimes and the choice of punishment” in the column for the application of the Act on 1. Criminal Procedure; (b) deleted “the choice of each fine”; and (c) deleted at the bottom thereof the term “1. Articles 40 and 50 of the Criminal Procedure Act (which violates the Labor Standards Act and violates the Labor Standards Act and the Labor Standards Act on the Guarantee of Workers’ Retirement Benefits”; and (d) adding the term “the choice of each fine on 1.