All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Each of the crimes in the holding of the court below by misapprehending the legal principles are caused by business activities, and the grounds for and contents of the occurrence are identical to those of the crime.

B. Each judgment of the court below on unreasonable sentencing (the first instance court: 6 months of imprisonment, the suspension of execution 2 years, and the second instance court’s imprisonment 1 year) is too unreasonable.

2. Each court of original judgment ex officio rendered a judgment after having completed a separate hearing against the defendant, setting a sentence as above.

The defendant appealed against each judgment of the court below, and this court decided to hold a joint hearing of the appealed case.

However, each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence shall be sentenced pursuant to Article 38 (1) of the Criminal Act. In this regard, each of the judgment below cannot be maintained

Nevertheless, the defendant's assertion of legal principles is still subject to the judgment of this court.

3. Since the purport of the violation of the Labor Standards Act based on the assertion of misapprehension of legal principles is to have workers receive wages by a fixed period of time, it should be recognized that each worker has a criminal intent to violate the same Act.

Therefore, the above argument is without merit.

4. Each judgment of the court below on the grounds of the above ex officio reversal is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed in its entirety and it is again decided as follows

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with

Application of Statutes

1. Relevant Articles of the Act and the former Labor Standards Act (amended by Act No. 1901, Nov. 28, 2017) concerning criminal facts.