The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall be imposed on the defendant.

1. Of the facts charged in the instant case, the lower court dismissed the public prosecution regarding the violation of the Labor Standards Act regarding workers at the time table of crime Nos. 1, 2, 3, 5, 6, 10, 11, and 12, and the violation of each worker's retirement benefit security against workers at the time table of crime Nos. 1, 5, 6, 11, and 11, and sentenced the judgment of conviction regarding the remainder of the facts charged, and only the Defendant appealed against the conviction portion.

Therefore, the dismissed part of the above public prosecution is separated and finalized as it is due to the lapse of the appeal period, and the dismissed part is excluded from the scope of the judgment of this court.

2. The sentence of the lower court (the imprisonment of six months, the suspension of execution of two years, and the community service order of 120 hours) is too unreasonable.

3. The fact that the judgment of the accused is in arrears with wages, etc. that the accused has been punished for the same kind of crime, and that the accused has not submitted the data that he/she paid to employees in the trial of the party.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, that the defendant paid damages to the workers or paid substitute payments to them, and that the defendant partly restored the damage, that the above workers do not want the punishment of the defendant, and that the defendant is endeavoring to repay substitute payments in the first instance.

Comprehensively taking account of such circumstances, Defendant’s age, sex, environment, circumstances after the commission of the crime, and various conditions of sentencing as indicated in the records and arguments of this case, the lower court’s punishment was changed in the trial, resulting in the change of sentencing conditions in the trial, and thus was unduly unfair.

Therefore, the defendant's above assertion is justified.

4. Thus, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed and the pleading is made in accordance with Article 364 (6) of the Criminal Procedure Act.