The judgment of the first instance shall be reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. The punishment sentenced by the first instance court (the penalty amounting to KRW 1.5 million) on the summary of the grounds for appeal (the sentencing is unreasonable) is too unreasonable.

2. In addition to the circumstances described in the column for the reasons for sentencing of the first instance judgment, considering the following factors: (a) the Defendant confessions and reflects the instant crime at the time of the trial; and (b) the various sentencing conditions indicated in the records and arguments, including the agreement with the victim, the said sentence, which was sentenced by the first instance court, seems to be 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 identical to the facts constituting an offense and the summary of evidence in the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 28(1), Article 6(1) of the Minimum Wage Act (which means the payment of wages below the minimum wage), Article 109(1), Article 36 of the Labor Standards Act (violation of the duty to liquidate gold goods), Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which means the payment of unpaid retirement wages);

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

1. Selection of each alternative fine for punishment;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;