The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

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. Before determining the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to imprisonment of two years and six months with labor for fraud, etc. at the Daegu District Court on July 17, 2014, and the judgment became final and conclusive on August 6, 2014. The instant crime was committed in concurrent crimes between the crime of fraud, etc. for which the judgment became final and conclusive under Article 37(1) of the Criminal Act, with regard to the concurrent crimes under the latter part of Article 39(1) of the Criminal Act, with regard to which the judgment was concurrently rendered in accordance with Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt the sentence

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is as follows: (a) the first head of the judgment of the court below stated the facts constituting a crime; (b) “the defendant was sentenced to imprisonment for two years and six months with prison labor at the Daegu District Court on July 16, 2014; (c) the judgment became final and conclusive on August 6, 2014; and (d) the summary of the evidence added “1. Investigation Report (Attachment of Copy of Judgment, etc.)” to the summary of the evidence as stated in each corresponding column of the court below; and therefore, (c)

Application of Statutes

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case is committed under the circumstances in which the judgment becomes final and conclusive, such as the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act has a record of being punished for the same criminal record, the amount of overdue wages is considerable, etc.