Of the judgment of the first instance, the part concerning Defendant A and the second judgment shall be reversed.

Defendant

A shall be punished by a fine of one million won.

1. The summary of the grounds for appeal against Defendant A (the first instance court: the fine of KRW 500,00,000, the second instance court; the fine of KRW 800,000) and the second instance court (the fine of KRW 800,000,000) against Defendant B were too unreasonable.

2. Ex officio determination

A. As to the concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment shall be imposed at the same time in consideration of equity and the case of concurrent crimes under Article 39(1) of the Criminal Act.

Therefore, the court should try to examine the specific contents of the crime which became final and conclusive through the court's decision or the statement of related persons.

(2) The judgment of the court of first instance on October 23, 2008 (see, e.g., Supreme Court Decision 2008Do209, Oct. 23, 2008). However, on July 26, 2012, the court of first instance sentenced the Defendant to six months of imprisonment and one year of suspended execution as a violation of the Labor Standards Act at the Incheon District Court’s District Court on July 26, 2012, and recognized the final judgment on August 3, 2012, and did not sufficiently examine whether the above crime and the Defendant committed the crime in this case constitute concurrent crimes under the latter part of Article 37 of the Criminal Act, but did not sufficiently examine

As such, the first instance court cannot be deemed to have sentenced to punishment for the instant crime in consideration of equity and the case where the judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act. Thus, the first instance judgment was no longer maintained.

B. In addition, this Court case No. 2013No2626, which is the appeal case against the first instance judgment, and this Court No. 2013No2752, which is the appeal case against the second instance judgment, was consolidated in the procedure of the first instance trial. Since each crime of the first and second lower courts is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, it shall be sentenced to a single sentence within the scope of punishment aggravated under Article 38(1) of the Criminal Act, and thus, the first and second lower judgment shall be sentenced to a single sentence.