The part of the judgment of the court of first instance excluding the rejection of an application for compensation order and compensation order and the judgment of the court of second instance.

1. The summary of the reasons for appeal is that the respective punishment of the original court (No. 1: imprisonment of 2 years and 6 months, and imprisonment of 2 months: imprisonment of 8 months) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the appeal case against the judgment below was consolidated by examining ex officio prior to the judgment on the grounds for ex officio appeal. Each of the offenses in the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment aggravated pursuant to Article 38(1) of the Criminal Act. As such, the part of the judgment of the court below excluding the dismissal of application for compensation order and compensation order among the judgment of the court below of first, and the judgment of the

3. According to the conclusion, the part of the judgment of the court below excluding the rejection of the application for compensation order and compensation order among the judgment of the court below 1 and the judgment of the court below 2 is reversed ex officio as above. Thus, without examining the defendant's unfair argument of sentencing, all of them are reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 109 (1), Article 36 (the point of payment of wages, etc.) of the Labor Standards Act, Article 44 subparagraph 1, and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers, as to the facts constituting an offense, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment prescribed for a violation of the Labor Standards Act for the same worker, between a violation of the same Act and the violation of the Guarantee of Workers' Retirement Benefits Act, and a punishment prescribed for a violation of the same Act of which the respective circumstances are heavier);

1. Selection of each sentence of imprisonment;

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 25(1), Article 31(1), and Article 31(2)1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation Order.