The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the reasons for appeal is too unreasonable as the sentence imposed by the defendant (one year of suspended sentence in six months of imprisonment) is too unreasonable.

2. The sum of the wages in arrears, etc. of the Defendant is close to KRW 150 million, and the fact that the Defendant had been punished for the same kind of crime even before the instant crime was committed is that the Defendant was disadvantageous to the Defendant.

However, in the appellate trial, the defendant agreed to pay all of the unpaid wages to some workers, and the substitute payment and the dividend are paid to the remaining workers, and most of the unpaid wages are paid by the defendant individually by paying additional wages, and there is a change in favorable terms in the sentencing conditions.

In this context, considering the following factors: (a) the Defendant appears to have led to the confession of all the crimes of this case and to reflect the mistake thereof; and (b) the Defendant does not seem to have been in arrears with wages, etc. in bad faith; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (d) all the sentencing conditions indicated in the records and theories on changes, such as the circumstances after the crime, are unreasonable.

3. In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided after pleading.

[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1), Article 36 of the Labor Standards Act for Criminal Facts, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of not paying retirement benefits) of the relevant Act;

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 Code of Aggravation of Concurrent Crimes;