The judgment below

The guilty part shall be reversed.

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

The above fine shall be imposed on the defendant.

1. The grounds for appeal (unfair sentencing) are too unreasonable that the sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, and the community service time of 120 hours) is too unreasonable.

2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, such as the following facts: (a) 11 of the victim 11 does not want to be punished by the defendant; (b) 51 million won out of the total amount of damage of the above 7 victims during the trial of the defendant; and (c) 1/4 of the amount of damage found guilty; and (d) 3) the defendant has no record of criminal punishment of the same kind or imprisonment without prison labor or more; and (e) the court below's punishment without prison labor is deemed to be unfair, and thus, the defendant's allegation of unfair sentencing is justified.

3. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is decided after pleading.

【The reasoning of the judgment of the court below which re-written the guilty portion of the judgment below] The summary of the facts constituting a crime and the evidence acknowledged by the court below and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal

Application of Statutes

1. Article 109(1) and Article 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers (wholly amended by Act No. 15108, Nov. 28, 201);

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. The reasons for sentencing under Articles 70(1) and 69 of the Criminal Act, along with the reasons for sentencing, were considered in light of the following: (a) there was no record of criminal punishment except five times of the fine for the crime of this type; (b) the Defendant’s age, career, family relationship relationship; and (c) active efforts to recover damage.