The judgment of the court below is reversed.

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000 and by a fine of KRW 3,00,000.

1. The summary of the grounds for appeal by the Defendants (unfair sentencing) is against the Defendants’ mistake; in the first instance court, G paid dividends to employees G and expressed his intent that he does not want to punish the Defendants; in the case of Defendant B, the Defendant F was faithfully working for not less than 30 years; in the case of Defendant A, the Defendant A was the representative director of the said company around June 2013 when the financial status of the said company operated by the Defendant B has deteriorated; in light of the above, the sentence of the lower court imposing a fine of KRW 3,00,000 and a fine of KRW 7,00,000 on Defendant B is too unreasonable.

2. In light of the fact that the Defendants recognized the mistakes and expressed the intent that workers G did not want to punish the Defendants in the appellate court after receiving dividends of KRW 53,950,364 as wages and retirement allowances in the distribution process in the Sungwon District Court Sung-nam Branch, and the motive and background of each of the crimes of this case, the circumstances before and after the crimes of this case, the degree of damage, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendants’ personality and behavior, environment, etc. as shown in the records and arguments, the above assertion is with merit.

3. As the Defendants’ appeal is reasonable, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again following the pleadings.

Criminal facts

The summary of the facts charged by the Defendants and the summary of the evidence are as stated in each corresponding column of the lower judgment, and thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

A. Articles 109(1) and 36 of the Labor Standards Act; Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act; Article 30 of the Criminal Act

B. The fact that wages and retirement allowances are not paid to G workers as indicated in Defendant B’s judgment: Article 109(1) and (1) of the Labor Standards Act.