The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. According to the judgment of the court below and the evidence duly examined by the court below, the defendant was sentenced to four years of imprisonment in Seoul High Court on April 19, 2019 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on June 27, 2019.

Since the crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of this case for which judgment has become final and conclusive, a punishment shall be determined by taking into account equity and equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act.

3. 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 assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows. The first head of the judgment of the court below added "the defendant was sentenced to four years of imprisonment with prison labor from the Seoul High Court on April 19, 2019 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment was finalized on June 27, 2019," and "1. A previous conviction in the judgment of the court on June 27, 2019: the result of the agreement assistance of the case, each of the judgment of the court below is the same as the corresponding column of the judgment of the court below except for addition of "the each

Application of Statutes

1. Article 109(1) and Article 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 15108, Nov. 28, 201);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (trades violating the Labor Standards Act by worker and violating the Guarantee of Workers' Retirement Benefits Act).