The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unhued and unreasonable.

2. Although there are no circumstances to consider the Defendant’s wrong judgment in the trial, including the fact that the Defendant voluntarily dismissed the appeal and the Defendant’s health was not good, the following circumstances, which are acknowledged by comprehensively taking account of the result of sentencing review, such as the investigation of sentencing in the trial, are as follows: (a) the Defendant has a large number of records of having been punished for a crime of violating the Labor Standards Act in the same kind; (b) the total amount of damage is not less than KRW 20 million; and (c) the quality of the crime is not easy, such as denying the criminal intent by fraud at the investigation stage and the lower court; (d) the Defendant appears to lack of anti-discrimination; (e) the Defendant’s failure to deny the criminal intent by fraud at the investigation stage and the lower court; and (e) the Defendant’s failure to pay the fine imposed on the victims of the instant case in full, and the circumstances after the commission of the injury to the victims of the instant case are not very good enough; and (e) the victim or his family members request severe punishment; and (e) the Defendant’s motive, motive and circumstances in this case.

3. In conclusion, the lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act by accepting the prosecutor’s appeal, and this part of the appeal is decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Articles 109(1) and 36 of the Labor Standards Act, and imprisonment with prison labor for each type of crime;