The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall be imposed on the defendant.

The summary of the grounds for appeal by the defendant is that the sentence of the court below that sentenced the defendant for 8 months of imprisonment with prison labor is too unreasonable.

In light of the following circumstances: (a) the Defendant was in the first instance trial and agreed with five workers except for workers H, and (b) the Defendant did not have any criminal record of suspended execution or more; and (c) the Defendant’s age and environment, etc., which are the conditions for sentencing, the sentence of the lower court is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the guilty part of the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

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

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act (hereafter referred to as "amount of unpaid wages") for facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act for the Appointment of Workers' Retirement Allowances (hereafter referred to as "amount of unpaid retirement allowances");

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each selective fine for punishment (the above grounds for reversal shall be taken into consideration in light of the circumstances);

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;