A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

2. The judgment of the defendant has the records of punishment several times (including once the suspension of execution of each crime) for the same crime, the amount of the fraud fraud, the fact that the defendant did not agree with the workers who have not paid wages is recognized as being unable to reach an agreement, but it reflects his mistake through the confinement life for about 2 months in the confession of criminal facts, and that the defendant agreed with all victims of fraud by agreement with the victim who had not reached an agreement in the trial, that part of workers (AC, AD, AE), dividends (6,350,00 won) and substitute payments were resolved almost about the problem of overdue wages of the workers at the trial, and that other sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character, character, environment, circumstances leading to the crime of this case, circumstances after the crime, etc., it is recognized that the punishment imposed by the court below is inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 347(1) of the Criminal Act, Articles 109(1) and 36 of the Labor Standards Act, and the choice of imprisonment, respectively, for the crime;

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

3. Article 62 (1) of the Criminal Act;

4. The reasoning of the judgment on the Defendant’s assertion of unreasonable sentencing prior to the reasons for sentencing under Article 62-2 of the Social Service Order Act is as follows.