특정경제범죄가중처벌등에관한법률위반(사기)등
The defendant's appeal is dismissed.
1. The lower court rendered a judgment dismissing the public prosecution against the violation of the Labor Standards Act regarding D among the facts charged in the instant case.
However, at the first trial date of this court, the defendant explicitly stated that he appealed against the conviction.
Therefore, the scope of the judgment of this court is limited to the conviction among the judgment below, and the facts charged against D in violation of the Labor Standards Act shall be excluded from the scope of the judgment of this court.
2. The decision of the court below on the summary of the grounds for appeal (two years of imprisonment with prison labor for the crimes No. 1 and No. 2 in its holding, and two million won of fine for the crimes No. 3 in its holding) is unreasonable.
3. The defendant has reached this court, unlike the court below, recognized all the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the charges of fraud in the part concerning the crime of violation of the Labor Standards Act (in relation to the charges of violation of the Labor Standards Act, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of fraud is in the relation of concurrent crimes between the previous conviction and the latter after Article 37 of the Criminal Act,
In the case of the victim F, considerable damage was recovered.
The above is the circumstances favorable to the defendant.
On the other hand, the sum of the money acquired by the defendant by deceiving victims exceeds 1.2 billion won.
As of the date this decision was rendered, there was additional recovery from the victim F, or the victim H was recovered from the damage.
It is difficult to find out data that can be seen.
Payment of overdue wages corresponding to the facts charged that the court below found guilty.
No materials that can be seen also remains in the eye.
The above is the circumstances unfavorable to the defendant.
As above, the defendant's age, sex, environment, family relationship, health status, is different from the sentencing factors unfavorable or favorable to the defendant.