The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The defendant (unfair punishment)'s punishment sentenced by the court below to the defendant (one year of imprisonment with prison labor for six months) is too unreasonable.

B. According to the proviso of Article 62(1) of the Criminal Act, the prosecutor (legal scenarios and unreasonable sentencing) committed each of the crimes of this case during the period of repeated crime, and the lower court, despite the fact that the Defendant cannot be sentenced to a suspended sentence, sentenced the Defendant to a suspended sentence. The sentence imposed by the lower court against the Defendant is too unhurd and unfair

2. The lower court found the Defendant guilty of each of the crimes indicated in the facts charged and sentenced the Defendant to a one-year suspended sentence of six months. However, the proviso to Article 62(1) of the Criminal Act provides that a suspended sentence may not be imposed where a sentence is imposed on a crime committed during the period of three years after the execution of the sentence was finalized or exempted. According to the records of this case, the Defendant was sentenced to imprisonment without prison labor for a crime committed by occupational negligence at the Busan District Court on June 15, 2009, and completed the execution of the sentence at the Busan District Court on February 8, 2010. The Defendant’s violation of the Employment Security Act among each of the crimes of this case committed by the Defendant was commenced on September 10, 2012, which was three years before the sentence was finalized and executed comprehensively until January 19, 2014.

Therefore, although the defendant cannot be sentenced to a suspended sentence for each of the crimes of this case, the judgment of the court below is erroneous in ordering the suspended sentence, the prosecutor's above assertion pointing this out has merit

3. As such, the judgment of the court below is reversed under Article 364(6) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and the judgment is again rendered as follows.

Criminal facts

Criminal facts and summary of evidence recognized by this court shall be as follows.