The sentence of sentence shall be suspended for the defendant.

2. The Defendant is one of the first offenders who recognized his or her wrongness and reflects his or her criminal history.

Although the Defendant did not directly agree with the victimized employee, it appears that the victimized employee collected KRW 5,313,469 from the Defendant’s account to collect KRW 5,313,469 due to unpaid wages, delay damages, etc. after receiving a seizure and collection order from the Changwon District Court 2017, 4519.

In light of these circumstances, the lower court’s punishment seems to be too unreasonable, considering the various sentencing conditions shown in the instant case.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1), Article 36 (Selection of Fines and Fines), Article 114 subparagraph 1, Article 17 of the Labor Standards Act (in cases of non-disclosure of working conditions), Articles 28 (1), and 6 of the Minimum Wage Act for facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act for suspended sentence (see, e.g., Supreme Court Decision 201Da1468, Apr. 2