The judgment of the court below is reversed.

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

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

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. Before determining the grounds for appeal ex officio, the records of this case show that the defendant was sentenced by the Suwon District Court on March 12, 2012 to imprisonment with prison labor for a violation of the Labor Standards Act, for a violation of the Guarantee of Workers' Retirement Benefits Act, for a violation of the Guarantee of Workers' Retirement Benefits Act and for a violation of the Act on the Guarantee of Workers' Retirement Benefits, and for a suspension of execution for a two-year period. On March 20, 2012, the above judgment became final and conclusive. As such, the violation of the Labor Standards Act, the violation of the Act on the Guarantee of Workers' Retirement Benefits, and the violation of the Act on the Guarantee of Workers' Retirement Benefits and the embezzlement of the judgment of the court below are related to concurrent crimes under the latter part of Article 37 of

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are as follows: "The defendant was sentenced on March 12, 2012 by the Suwon District Court to the violation of the Labor Standards Act, to the violation of the Guarantee of Workers' Retirement Benefits Act and to the violation of the Guarantee of Workers' Retirement Benefits Act, and the judgment became final and conclusive on March 20, 2012," and "the defendant was sentenced to six months of imprisonment and two years of suspended execution as of March 20, 2012" was added to the summary of the evidence, and therefore, it is identical to each corresponding column of the judgment of the court below, except for the addition of "the defendant's own trial statement and the judgment of the Suwon

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The crime of embezzlement and judgment becomes final and conclusive in the latter part of Article 37 and Article 39(1) of the Criminal Act to treat concurrent crimes.