The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall be imposed on the defendant.

1. The main point of the grounds for appeal is that the sentence (20 million won in penalty) imposed by the court below on the defendant is too uneased and unreasonable.

2. One of the violations of Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Retirement Benefits of Workers by Each employee in an ex officio determination, or the violation of Articles 109 subparag. 1 and 36 of the Labor Standards Act is established, and the violation of the Act on the Guarantee of Retirement Benefits of Workers established for the same employee and the violation of the Labor Standards Act are in the relationship of regular concurrence as provided for in Article 40 of the Criminal Act. However, the violation of the Act on the Guarantee of Retirement Benefits of Workers established for each employee, the violation of the Labor Standards Act on the Guarantee of Retirement Benefits of Workers, the violation of the Labor Standards Act on the Guarantee of Retirement Benefits of Workers, and the violation of the Labor Standards Act on the basis of

must be made.

Nevertheless, there is an ordinary competition relationship between the violation of the Act on the Guarantee of Retirement Benefits for each worker, the violation of the Labor Standards Act, the violation of the Act on the Guarantee of Retirement Benefits for other workers, and the violation of the Labor Standards Act.

The judgment of the court below is erroneous in the misunderstanding of legal principles as to the number of crimes, and the judgment of the court below cannot be maintained any more.

3. Thus, 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 unfair argument of sentencing, and the judgment below is reversed ex officio and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for each Workers;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (with respect to each worker).