The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

(b).

1. Judgment on Defendant A’s appeal

A. Of the facts charged against Defendant A, the lower court dismissed the prosecution as to the violation of the Labor Standards Act against workers C, D, and E, and sentenced the remainder of the facts charged. Defendant A appealed only to the convicted portion of the lower judgment.

Therefore, since the part of the judgment of the court below which dismissed the public prosecution without the prosecutor's appeal is separated and confirmed as it is after the lapse of the appeal period, the scope of the judgment of this court against Defendant A is limited to

B. According to the ex officio determination records, even if Defendant A received a written notification of the receipt of the trial records from this court on June 10, 2019 after filing an appeal, Defendant A did not submit the grounds for appeal within the submission period of the appellate brief.

No reason for appeal shall be entered in the petition of appeal.

However, on December 26, 2018, Defendant A was sentenced to imprisonment for one year with prison labor for occupational breach of trust at the Seoul Central District Court on December 26, 2018, and on October 5, 2019, the fact that the above judgment became final and conclusive is significant in this court.

Defendant

Each crime of conviction in the judgment of the court below against A is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of occupational breach of trust which became final and conclusive and the crime of occupational breach of trust under the latter part of Article 39(1) of the Criminal Act, and the sentence should be imposed in consideration of equity and the same. In this regard, the conviction part against Defendant A

C. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is so decided as follows. The above part of the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act.

2. Defendant B’s appeal against Defendant B is subject to the judgment of the court below and thereafter Defendant B filed an appeal against the judgment of the court below on June 10, 2019.