The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

(2) the date of this judgment.

1. As to the violation of the Labor Standards Act and the Labor Standards Act and the Guarantee of Retirement Benefits for Workers in the instant facts charged, the lower court decided dismissal of the public prosecution against the Defendant, and found the Defendant guilty as to the violation of the Labor Standards Act and the Labor Standards Act and the Labor Standards Act, and the violation of the Guarantee of Retirement Benefits for Workers, respectively. However, since the Defendant’s appeal only against the guilty portion of the lower judgment and the rejection portion of the public prosecution for which the prosecutor did not appeal is not appealed after the lapse of the appeal period, the

2. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. The judgment of the court below is unfair in light of the following circumstances: (a) the Defendant’s money and valuables already accrued up to KRW 80 million is disadvantageous; (b) the Defendant recognized the error of the Defendant as to the whole of the crime and against the Defendant’s conviction; (c) the Defendant agreed with the employees other than F, E, J, and G to receive a small amount of substitute payment; (d) the Defendant was the primary offender; and (e) the Defendant’s age, sexual behavior, environment, motive, means, means, and consequence of the crime; and (e) all of the sentencing conditions specified in the arguments, such as the circumstances after the crime.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted 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 (the point of not liquidation of money and valuables) and Article 44 Subparag. 1 of the Guarantee of Retirement Benefits for respective workers.