All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The first instance court dismissed the prosecution against the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act against workers B, C, and D among the facts charged in the instant case, and sentenced the remainder to two years and six months by recognizing the guilty. The prosecutor did not appeal against the dismissal of prosecution among the judgment below, and only the Defendant appealed against the guilty portion.

Therefore, among the judgment of the court of first instance, the dismissal part of the judgment was excluded from the scope of the trial of the party because the prosecutor and the defendant did not appeal.

2. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 2 years and 6 months, and the second instance judgment: imprisonment with prison labor for 2 months and 2 months) is too unreasonable.

3. As the first and second judgments of the lower court appealed in the trial, each of the crimes in the first and second judgments against the Defendant became concurrent crimes under the former part of Article 37 of the Criminal Act.

In such cases, Article 38 of the Criminal Code should be ruled simultaneously and sentenced to one punishment, so the judgment of the court below 1 and 2 can no longer be maintained.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows through pleading.

【Reasons for the Judgment of the Court, 【The Prosecutorial Examination Protocol of the Defendant’s Prosecution” in Article 369 of the Criminal Procedure Act is the same as indicated in the relevant column of the judgment of the court below, except for the alteration of “1. The Prosecutorial Examination Protocol of the Defendant’s Prosecutorial Examination” in the part concerning “1. The Prosecutorial Examination Protocol of the Defendant’s Prosecutorial Examination” in the summary of the evidence of the judgment of the court of first instance.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud) and each of the choice of punishment for the crime;