The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (five months of imprisonment and one year of suspended execution) of the lower court is too unreasonable.

2. Determination

A. Of the facts charged in the instant case, the lower court dismissed the public prosecution as to the violation of the Labor Standards Act with respect to workers B, and pronounced guilty as to the remainder.

As to this, only the defendant appealed against the conviction, and the prosecutor did not appeal against the dismissal of prosecution, the dismissal of prosecution which the defendant and the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

B. In full view of the circumstances favorable to the defendant, including the fact that the defendant was sentenced to a fine for the same kind of crime, and the amount of wages paid to nine workers is about KRW 62,360,000,000, etc., and that there is no record of criminal punishment other than two times of fines, and contributed to the recovery of considerable damages to the workers through the substitute payment system, and that there was an agreement with workers E, G, and M in the trial, the court below's punishment is too unreasonable, taking into account all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive and process of the crime, and circumstances after the crime.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is reasonable, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.

[Discied Reasons for the judgment of multiple court: guilty part] Criminal facts and summary of evidence recognized by the court and summary of evidence are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment concerning facts constituting an offense, and each of the former Labor Standards Act on November 28, 2017.