The part against the Defendants is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

A. The sentence imposed by the lower court (Defendant A: Imprisonment with prison labor for six months, a suspended sentence of one year, and a fine of three million won) is too uneasible and unfair.

B. In light of the legal principles, since the profits acquired by the Defendants through the crime in violation of the Employment Security Act are criminal proceeds as stipulated in Article 2 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “the Act on Regulation of Criminal Proceeds Concealment”), the court below erred by misapprehending the legal principles, which did not impose an additional collection on the Defendants, even though they should be additionally collected by applying Articles 10(1) and 8(1) of the Act on Regulation of Criminal Proceeds Concealment.

2. In determining the assertion of unfair sentencing, comprehensively taking account of the following circumstances and the Defendants’ age, character and conduct, environment, motive and background of each of the instant crimes, means and methods, and all of the sentencing factors in the trial process, including the circumstances after the commission of the crime, etc., the sentence imposed by the lower court seems to be too uneasible and unfair.

Defendant

A: A favorable circumstances such as the confession of a crime, the confession of a crime, the absence of a previous conviction exceeding a fine, and the absence of a previous conviction for the violation of the Employment Security Act: (a) the fact that a person operates an fee-charging job placement service for about two years and six months, or for about two years and six months; (b) the fact that at least approximately KRW 145,00,000 has been punished by a fine for a violation of the Music Industry Promotion Act on October 2016 while illegally operating a sidewalk; and (c) even around July 2017, despite the fact that he/she committed a crime of running a singing practice room, he/she continued to commit the instant crime, despite having been punished by a fine for a violation of the Music Industry Promotion Act on July 2017 (amended by a fine on May 7, 2018);

B. The circumstances favorable to Defendant B: (a) the period of the crime was 1 year and 10 months; (b) the confession and reflect of the crime; (c) the fact that there was no previous crime; and (d) the fact that the instant crime was not led: