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 decision of the court below on the summary of the reasons for appeal (five months of imprisonment and one year of suspended sentence) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records, the defendant was sentenced to a suspended sentence of one year on September 23, 2016 to the Seoul Central District Court for a violation of the Labor Standards Act, the violation of the Labor Standards Act, and the violation of the Workers' Retirement Benefit Security Act on November 29, 2016, and the judgment became final and conclusive on November 29, 2016. Since each crime in the judgment of the court below is obvious that it was a crime committed prior to the final and conclusive date of the above judgment, each crime committed in the judgment of the court below and the violation of the Labor Standards Act for which the above judgment became final and conclusive, and the violation of the Workers' Retirement Benefit Security Act constitutes concurrent crimes after Article 37 of the Criminal Act, and thus, the defendant should be sentenced to punishment for each crime in the judgment of the court below in accordance with Article 39 (1) of the Criminal Act, taking into account the balance between each crime in the judgment of the court below and the violation

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court is identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal

Application of Statutes

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime and Articles 109 (1) and 36 of the same Act concerning the selection of punishment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Criminal Procedure Act of the Provisional Payment Order.