The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the penalty (two million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. According to the evidence duly adopted and examined by the court below on December 15, 2014, prior to the judgment on the Defendant’s assertion of unfair sentencing, the Defendant was sentenced to a suspended sentence of one year on the grounds of the violation of the Labor Standards Act and the violation of the Guarantee of Workers’ Retirement Benefits Act at the Suwon District Court on December 15, 2014, and the judgment became final and conclusive on December 23, 2014. As such, the violation of the Labor Standards Act, etc., for which the judgment became final and conclusive, and the crime of this case, are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to a punishment after considering the case at the same time and equity under Article 39(1) of the Criminal Act, and considering the mitigation

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, on the ground that there is a ground for reversal of authority as above in the judgment of the court below.

Criminal facts

The summary of the facts of the crime and the evidence admitted by the court below are as follows: "The defendant was sentenced to one year of a suspended sentence of six months at the Suwon District Court on December 15, 2014 due to the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act, and the judgment became final and conclusive on December 23, 2014" in the first part of the facts of the crime of the judgment below; and "1. A previous conviction in the judgment of the court below on December 23, 2014" in the main part of the evidence of the judgment of the court below: (a) except for addition of each of the judgment of the original district court (the Suwon District Court's Sungnam Branch Branch Decision 2013Da1498, Suwon District Court 2014No6181), and (b) case

Application of Statutes

1. Article 97 subparagraph 1 of the Food Sanitation Act and Article 37 (4) of the same Act concerning criminal facts which are applicable to the choice of punishment;