The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence sentenced by the first instance court (one year of imprisonment) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. Taking into account the various sentencing conditions indicated in the records and pleadings, including the fact that the first instance court rendered a judgment in light of the circumstances described in the column for sentencing of the first instance court, and agreed with 18 employees among 33 employees, the circumstances leading to the instant crime, and the fact that the Defendant had no record of punishment for the same kind of crime, etc., the above sentence, which was pronounced by the first instance court, seems too unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the first instance court is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as an employee mentioned in No. 11, 12, and 17 in the annexed list of crimes, and thus, this part is corrected ex officio, inasmuch as the employee mentioned in No. 31 or 33 in the annexed list of crimes is the same as an employee mentioned in No. 31 or No. 333 in addition to the fact constituting an offense in the first instance trial [2016 order 6822 of the order of 6/6].

Since each criminal facts and the summary of evidence are the same as the corresponding column of the criminal facts and evidence, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 109(1) and 36 of the Act on the Standards for Selective Labor, Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the stay of execution ( considered the above circumstances);