The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall be imposed on the defendant.

1. The decision of the court below on the summary of the grounds for appeal (1.5 million won in penalty) is unfair, because it is excessively unreasonable.

2. In light of the content and result of the instant crime committed by the Defendant, the crime of this case, which was committed by the Defendant, is not less than the nature of the crime in light of the legal interests and protection, and there is a record of punishment of fines on three occasions as the same type of crime, and the circumstances unfavorable to the Defendant are recognized.

On the other hand, however, the fact that the defendant led to the confession of the facts of the crime of this case in the court below, there is no circumstance to see the intentional concealment of property, and there is some reason to consider the circumstances leading to the crime of this case. In the court below, the worker F received all the dividends equivalent to 27 million won in the auction procedure for the defendant's property, and the damage was fully recovered in full due to the payment of the overdue wages. There is no previous conviction beyond the fine. The defendant's private teaching institute's financial aggravation shows that the management right of the defendant was sold to another company, and the financial situation of the defendant seems to have not been designated for the last half year, and the defendant's current economic situation is not designated for the last half year, and other various circumstances that form the conditions of the sentencing of this case such as the defendant's age, sex behavior, intelligence and environment, the late payment period and the late payment period, the number of the victimized workers and the period of work, the size of business place, circumstances after the crime, family relationship, health status, etc., the defendant's assertion is justified.

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

Criminal facts

The summary of the facts constituting an offense and evidence acknowledged by this court is to be determined by the judgment of the court below, with the exception of the alteration of “the Defendant’s partial statement” in the column of “a summary of evidence” to “the Defendant’s original court statement” in the reasoning of the judgment below.