The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is as follows: The sentence imposed by the court below (the suspended sentence against a penalty of five million won) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor’s ex officio, the record reveals that the Defendant was sentenced to a suspended sentence of two years and six months on July 8, 2017, on June 30, 2017, to a violation of the Labor Standards Act in the Seo-gu District Court Branch of the Daegu District Court [2016 High Court Decision 484, 2017 High Court Decision 23 (Joint)], and to a violation of the Workers’ Retirement Benefit Security Act, and that the judgment became final and conclusive on July 8, 2017.

First of all, since each crime of the judgment of the court below against the defendant and the violation of the above Labor Standards Act, and the violation of the Labor Standards Act, which became final and conclusive, are the concurrent crimes of the latter part of Article 37 of the Criminal Act, the punishment for each crime of the judgment of the court below shall be sentenced in consideration of equity in the case where the judgment is to be held at the same time in accordance with the main sentence of Article 39

B. According to Article 39(1) of the Criminal Act, in cases where a sentence is imposed for a crime for which judgment has not been rendered among the concurrent crimes after Article 37 of the Criminal Act, the punishment for the crime for which a judgment to face with imprisonment without prison labor or heavier punishment, as prescribed in the latter part of Article 37 of the Criminal Act, becomes final and conclusive, is included in “the previous crime for which a suspension of qualification or heavier punishment has been imposed,” which is an exception in which the suspension of qualification or heavier punishment cannot be suspended (see Supreme Court Decision 2010Do931, Jul. 8, 2010).

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows through pleading.

[Re-written judgment] Summary of facts constituting an offense and evidence recognized by the court, and summary of evidence, shall be as follows: (a) the reasoning of the judgment of the court below is as follows.