The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

The defendant asserts that the punishment of the original judgment (700,000 won) is too unreasonable on the grounds of appeal.

Before determining the grounds for appeal by the Defendant, the Prosecutor applied for amendments to the indictment with the phrase “1,63,520 won as wages for July 2012, and 60,000 won as wages for August 2012,” which read “1,663,520 won as wages for July 1, 2012, and 290,213 won as wages for August of the same year,” which was set forth in the third second second second part of the previous facts charged by the Prosecutor, and the judgment below was no longer maintained as the subject of the judgment was changed by this court’s permission.

Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by the court in question is as follows: The summary of the facts constituting a crime as indicated in the judgment of the court below is the same as indicated in each corresponding column of the judgment of the court below, except that the "1,63,520 won as wages of July 2012, wages of 1,663,520 won as wages of August 201, and wages of 290,213 won as wages of August 2012", which is the second second step of the facts constituting a crime as indicated in the judgment of the court below, and thus, it is cited as it is in accordance with Article 3

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant paid two million won of the retirement allowance after the first instance court rendered a decision, but still remains unpaid retirement allowance of about 1.3 million won, including the Defendant’s age, character and conduct, environment, and crime.