Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

The punishment of the court below (two months of imprisonment) is too unreasonable.

Judgment ex officio

A. According to the records, the Defendant was sentenced to one year in Seoul High Court on March 27, 2014 to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), etc. on May 29, 2014, and the fact that the above judgment became final and conclusive on May 29, 2014 can be recognized. As such, the crime for which judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for each of the crimes of this case in consideration of equity and the concurrent judgment

B. In addition, the lower court applied Articles 109(1) and 36 of the Labor Standards Act to the unpaid portion of the instant facts charged.

However, Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 1039, Jun. 4, 2010) shall apply to the punishment for unpaid retirement benefits. This is only different from the name of the crime and applicable provisions of law, and there is no possibility of causing substantial disadvantages to the defendant's exercise of his/her right to defense. Thus, the court below's application of the Labor Standards Act to the facts charged of unpaid retirement benefits is erroneous in the application of the law.

In conclusion, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above reasons for ex officio reversal.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: "The defendant was sentenced to one year in Seoul High Court on March 27, 2014 to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the summary of the evidence."