The defendant's appeal is dismissed.

1. The lower court’s scope of trial in this Court’s judgment was dismissed as to the violation of the Labor Standards Act (the violation of each Labor Standards Act by 23 persons, including T workers) among the facts charged in this case, and sentenced the Defendant to the remainder of the violation of the Labor Standards Act (the violation of each Labor Standards Act by 4 persons, including E), and the fraud. As to this, the Defendant filed an appeal only against the guilty part of the lower judgment (the Defendant’s defense counsel submitted a petition of appeal to the effect that he/she is dissatisfied with the lower judgment on January 10, 2018, but the dismissal part of the indictment was finalized as is, in light of the reasons for appeal, etc.). Thus, the scope of trial in this Court’s judgment is limited to the convicted part of the lower judgment.

2. Summary of reasons for appeal;

A. Fact-finding (with regard to fraud), the Defendant intended to pay the contract amount to the victim as sales proceeds, etc. that the Defendant would receive from the GS Guate, Inc. (hereinafter “GS Guate”) because it is difficult to implement the project due to the difficulty in completing the construction of the factory and the delayed completion of some facilities in the process of building and moving the factory in the voice from Leecheon-cheon to the voice, around 2016.

In the end, the judgment of the court below that found the defendant guilty is erroneous due to the mistake of the fact although the defendant did not deceiving the victim and there was no criminal intent to acquire money by deception.

B. The sentence imposed by the court below (one year of imprisonment) is too unreasonable in light of the fact that the unfair defendant committed an error in sentencing in depth and that the defendant could not pay wages to workers due to unexpected business difficulties.

3. Determination

A. As to the assertion of mistake of facts, the court below erred by misapprehending the legal principles on the evidence duly admitted and investigated by the court below.