A defendant shall be punished by imprisonment for one year.

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

2. The lower court determined the amount of profit obtained by deception, the degree of damage change (e.g., revocation of the victim’s complaint, and recovery of damage from the victim Qua).

The victim W submitted a receipt by receiving full repayment in the appellate court, and the victimJ received the damage compensation and agreed with the defendant.

It is necessary to take into account the equity and judgment at the same time as the final judgment violates the Labor Standards Act.

Although the sentencing guidelines do not apply to the latter concurrent crimes relationship of Article 37 of the Criminal Code, if the sentencing factors and other factors of sentencing set forth in the sentencing guidelines for fraud are reviewed, the sentencing guidelines for the original court is inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

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