1. Of the judgment of the court below, the part of the defendant case is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

2. Of the judgment of the court below,

1. Grounds for appeal;

A. (1) The lower court erred by misunderstanding of facts and misunderstanding of legal principles as follows, which affected the conclusion of the judgment.

(A) The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “H”) against which the defendant was the representative director had the intent and ability to pay the victims the price, but the defendant did not pay the price due to the additional construction from the Daewoo Construction Co., Ltd. (hereinafter “Treatment Construction”) and the Daewoo Shipbuilding Construction (hereinafter “Treatment Shipbuilding Construction”), which is the original contractor, but the court found the defendant guilty of all the crimes of violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of fraud on the premise that H did not have the intent or ability to pay

(B) On February 7, 2013, H in violation of the Labor Standards Act: (a) paid the construction cost on January 2013, 2013 to AH, a subcontractor; and (b) thereafter, it cannot be deemed that AH’s direct contractor was in a position as a direct contractor due to the removal from the construction site; (b) however, the lower court found the Defendant guilty of violating the Labor Standards Act on the premise that the Defendant did not pay AH’s construction cost.

(2) The lower court’s sentence on the Defendant of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. Determination of the assertion of misunderstanding the facts about the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the misapprehension of the legal principle on the fraud (1) The summary of the facts charged is that H, the representative director of which has no intention or ability to pay the price from December 2, 2012 to May 2013.