All judgment of the court below shall be reversed.

The sentence of sentence against the defendant shall be suspended.

1. The second instance court rendered a judgment dismissing a public prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act on the ground that the J expressed its intent not to punish the accused among the facts charged in the instant case, and that the part is confirmed without filing any specific appeal, and thus, this part is excluded from the scope of the trial in this Court.

2. The summary of the grounds for appeal (the first instance judgment: the fine of KRW 1,00,000, the second instance judgment: the fine of KRW 2,000) is too unreasonable.

3. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to examine two cases of appeal by combining the two cases of appeal by the defendant. The crimes of each case deliberated in the trial by the court in question are concurrent crimes under the former part of Article 37 of the Criminal Act, which should be sentenced to a single sentence within the scope of the term of punishment or the amount of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be reversed.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the Defendant’s assertion of unfair sentencing, since there exists a ground for ex officio reversal as seen above, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited 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 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which relate to facts constituting an offense;

1. Between the violation of the Labor Standards Act with respect to H of Articles 40 and 50 of the Commercial Act, and the violation of the Guarantee of Workers' Retirement Benefits Act.