The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (for four months of imprisonment and one year of suspended execution) is too unreasonable.

2. The fact that the judgment defendant's unpaid benefits and retirement benefits are not considerable is disadvantageous to the defendant.

However, in full view of the fact that the defendant recognized the crime of this case and is against the judgment of the court below, that the defendant tried to agree with the workers except the workers of this case, and that the court below agreed with the workers of this case, and that the court also tried to agree with the workers of this case, the court below held that the punishment imposed by the court below is too unreasonable because it is too unreasonable in light of the records and arguments of this case, such as equity in sentencing with the workers of this case, the defendant's age, sexual conduct, environment, motive or circumstance of the crime, and circumstances after the crime.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are determined as follows: (a) on the grounds of the above unfair argument in sentencing; and (b) on the grounds of the foregoing, the sentence as ordered