The judgment of the first instance shall be reversed.

The sentence of sentence shall be suspended for the defendant.

1. The sentence sentenced by the first instance court (two years of suspended sentence in six months of imprisonment) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In full view of all the sentencing conditions indicated in the instant case, including the fact that the Defendant, in addition to the circumstances described in the reasons for sentencing in the first instance court of the judgment, submitted a written agreement with the employees to the effect that workers would not want the punishment of the Defendant, is unfair since the lower court’s punishment is unreasonable. Accordingly, this part of the Defendant’s allegation is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in 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 Act on the Standards for Relevant Acts concerning facts constituting an offense, Articles 109 (1) and 36 of the Labor Standards for the Selection of Punishment, and Articles 44 (1) and 9 of the Act on the Guarantee of Retirement Benefits for Workers;

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

1. Selection of each alternative fine for punishment;

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

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (i.e., circumstances favorable to the defendant in light of the preceding sentence);