The judgment of the first instance is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., the sentencing of the first instance court (a fine of 1.5 million won) on the accused is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the records show that the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court on January 29, 2015, and two years of suspended execution, and the above judgment became final and conclusive on February 6, 2015. The crime of fraud and the violation of the Labor Standards Act, for which the judgment became final and conclusive, are in the relation of latter concurrent crimes under Article 37(1) of the Criminal Act, with the same judgment at the same time in accordance with Article 39(1) of the Criminal Act, taking into account equity and taking into account the mitigation of or exemption from the punishment, and after determining the punishment, the first instance court erred by exceeding it

3. In conclusion, the first instance judgment is reversed 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, without proceeding proceeding to decide on the Defendant’s assertion of unfair sentencing.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence are all included in the criminal facts of the judgment of the court of first instance. "The defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court on January 29, 2015, and two years of suspended execution and the above judgment became final and conclusive on February 6, 2015." The summary of the evidence is as stated in the corresponding column of the judgment of the court of first instance, except for adding criminal records, replys to criminal records, and the defendant's oral statement at the court of first instance as stated in the corresponding column of the judgment of the court of first instance

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.