Of the judgment of the court of first instance, the guilty portion against Defendant A and the conviction portion among the judgment of the court of second instance shall be reversed, respectively.

Defendant .

1. Of the facts charged against Defendant A, the lower court dismissed the prosecution against the Defendants on the violation of the Labor Standards Act and the violation of the Workers' Retirement Benefit Security Act, and convicted the Defendants of the remainder of the charges. The lower court convicted the Defendants of the charges on the charges of violating the Act on the Control of Illegal Check due to the default on payments of checks for three regular times in the table of crimes in the attached Table 1, 4, 5, 7-13, 2, 32, 3-5, 25, 27-29, 36, 37, 42, 46, 48-5, 48-5, 47, 57-5, 57, 67, 76-5, 76-7, 76, and 776-6, 76, and 767 of the lower judgment on the charges of violating the Act on the Guarantee of Workers’ Benefits.

2. Each sentence of the lower court against the Defendants (Defendant A: 2 years of imprisonment with prison labor of the first instance judgment; 1 year of imprisonment with prison labor of the second instance judgment; and 20 million won of fine in the case of Defendant B) is too unreasonable.

3. Determination

A. Prior to the judgment on the grounds for the Defendant’s appeal ex officio with respect to the Defendant’s reasons for appeal, the part of the judgment of the first instance against the Defendant, and each appeal against the guilty part of the judgment of the second instance against the Defendant, were consolidated in the first instance court, and the facts constituting the crime are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence against the Defendant is to be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the conviction part of the judgment of the first instance and the second judgment against the Defendant cannot be maintained any further.

B. The judgment against Defendant B was made.