The judgment of the first instance is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the first instance court's sentencing (e.g., a fine of 4 million won) against the accused is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant ex officio, the records show that the Defendant was sentenced to six months of imprisonment by the Seoul Central District Court on July 26, 2013 due to a violation of the Labor Standards Act, etc., and the said judgment became final and conclusive on October 2, 2013. The violation of the Labor Standards Act, etc., for which the judgment became final and conclusive, and the violation of the Labor Standards Act, etc., of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, with regard to the relationship between the crime of violation of the Labor Standards Act and the crime of violation of the Labor Standards Act, etc., at the same time, under Article 39(1)

3. In conclusion, the first instance judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and it is again decided as follows, without proceeding proceeding to decide on the Defendant’s assertion of unfair sentencing.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are as shown in the corresponding column of the judgment of the court of first instance, except for adding "the defendant was sentenced to six months of imprisonment by the Seoul Central District Court on July 26, 2013 due to a violation of the Labor Standards Act, etc., and the above judgment became final and conclusive on October 2, 2013" to all the criminal facts of the judgment of the court of first instance. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.