The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 500,00,000 is too unreasonable.

2. In light of the fact that the defendant did not have the same criminal record, and that the conciliation was established in workers E and civil procedure when the judgment was made, and other circumstances revealed in the records and arguments of this case, the sentence of the court below is somewhat unreasonable.

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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement 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, Article 110 Subparag. 1 and Article 26 of the Labor Standards Act, Article 114 Subparag. 1 and Article 17 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of Trade Competition (trades in violation of the Labor Standards Act due to the payment of wages and in violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. Article 59 (1) of the Criminal Act for suspended sentence (Consideration of grounds for reversal);