The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall be imposed on the defendant.

1. The lower court rendered a judgment dismissing public prosecution on the ground that the victims expressed their intent not to impose punishment after the prosecution against each of the workers, B, C, and D’s violation of the Labor Standards Act, as set forth in the attached Table Nos. 1, 2, 4 through 13, 15 through 22, 27, 29 through 32, 35, and 36 of the written judgment of the lower court in the instant case, and convicted the victims of the remaining crimes (as to each of the workers, e.g., 3, 14, 23 through 26, 28, 33, and 34 of the attached Table No. 3, 14, 23 through 26, 34 of the written judgment of the lower court).

Accordingly, since only the defendant filed an appeal against the conviction, the dismissal of the public prosecution was determined separately as it is, and it was excluded from the judgment of this court.

2. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment for three months and one year of suspended execution) is too unreasonable.

3. The circumstances are disadvantageous to the Defendant, such as the following: (a) the Defendant had a criminal power due to the same kind of conduct; (b) the number of employees whose damage has not been recovered and the number of unpaid wages is not significant.

On the other hand, however, the fact that the defendant shows an attitude of recognizing and opposing his mistake, that the defendant pays the unpaid wages, etc. in the future to restore damage, that the court below reached an agreement with workers I, AA, and K (as shown in the attached Table 3, 23, and 24 of the judgment of the court below) as well as that of the case where the judgment was rendered concurrently with the crime of violating the Punishment of Tax Evaders Act as stated in the judgment of the court below, etc., considering the circumstances favorable to the defendant. In full view of the records and all sentencing factors of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below seems to be somewhat inappropriate.

Therefore, the defendant's argument is justified.

4. Conclusion, the defendant.