However, since the defendant appealed only to the guilty portion, the judgment dismissing the prosecution which the defendant and the prosecutor did not appeal becomes final and conclusive by the expiration of the appeal period, and the scope of the judgment of this court is limited to

2. The lower court’s punishment (one million won of fine) against the Defendant on the summary of the grounds of appeal is too unreasonable.

3. From 2017, the Defendant has been subject to a three-time fine for a violation of the Labor Standards Act.

In addition, the suspension of the execution of imprisonment with prison labor and the imposition of fines for the violation of the Labor Standards Act are still pending two trials after appeal.

(Seoul Southern District Court 2018No996, Supreme Court 2019Do3873). After being prosecuted for the instant case, the Defendant paid KRW 2 million to G in June 2017, which was then received KRW 3 million by G in July 2017, which appears to have already been considered in the lower court.

In full view of the amount of unpaid wages, the number of victimized workers, and the age, career, family relationship, the circumstances leading to the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment against the Defendant cannot be deemed unreasonable because it is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

However, among the application of the lower judgment’s law, Article 109(1) of the Labor Standards Act of the second instance is clear that the “Article 109(1) of the former Labor Standards Act” is a clerical error in the “Article 109(1) of the former Labor Standards Act before being amended by Act No. 15108, Nov. 28,