The judgment below

The guilty portion shall be reversed.

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

The above fine shall be imposed on the defendant.

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (eight million won in penalty) of the court below is too unreasonable.

2. On the other hand, it is recognized that the punishment of the court below is unfair because it is recognized that the defendant had been punished for the same kind of crime several times, but there is no record of punishment exceeding the suspension of execution, and that there is no record of punishment exceeding the suspension of execution. In full view of the defendant's age, occupation, sex, sex, family relationship, circumstances after the crime, and all other matters on the sentencing as shown in the records and changes theory of this case, the defendant's assertion is reasonable, since it is recognized that the punishment of the court below is unfair.

3. As such, the defendant's appeal is reasonable, and the part of the judgment below's conviction is reversed and the defendant's appeal is again decided as follows after pleading pursuant to Article 364 (6) of the Criminal Procedure Act.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, thereby citing it as it is 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 concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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 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;