The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant reflects his mistake, that caused the instant case by not receiving a large amount of service costs due to the real estate economic invasion, and that he endeavored to liquidate money and valuables, the punishment of the lower court (eight months of imprisonment) is too unreasonable.

B. In light of the fact that the prosecutor defendant had the same record of fine and that the prosecutor's defendant continuously failed to perform his/her duty to liquidate money and valuables by continuously causing disputes in violation of the Labor Standards Act six times, the sentence of the court below is too unreasonable.

2. Ex officio determination of ex officio, the prosecutor added "violation of the Guarantee of Workers' Retirement Benefits Act" to the name of the crime in the trial room, and "Article 31 and Article 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201)" to the applicable provisions of the Acts, and applied for changes in the indictment. The subject of adjudication was changed by this court upon permission.

Therefore, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant statutory provisions concerning criminal facts and Articles 109(1) and 36 of the Labor Standards Act (the fact that money and valuables are not in compliance with the obligation to liquidate, the choice of imprisonment), and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201).