The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of two years and two months.

1. The sentence imposed by the lower court (two years and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The amount of unpaid wages and retirement allowances is 670,330,000 won in total, and the amount of fraud damage is 390,000 won in total.

Until now, the victim I did not completely recover from the damage, and the victim did not reach an agreement with the victim, and the victim wanted to be punished by the defendant.

On the other hand, the following conditions are favorable.

It seems that the defendant did not commit the crime of fraud from the beginning with a conclusive intent to acquire the victim I's money.

The Labor Welfare Corporation paid approximately KRW 300 million to the damaged workers by substitute payment, and the voluntary auction for the building of the F Hospital (LR, etc. in the Suwon District Court) as indicated in the judgment of the court below is expected to be distributed to the damaged workers in the top priority order (Article 258 million won in total, No. 4-800,000 won in evidence, No. 4-8). According to the final and conclusive distribution schedule, the victimized workers BS submitted a statement of withdrawal to the effect that the victimized workers do not want to be punished by the Defendant at the trial (Evidence No. 7). All facts charged are recognized and wrong.

Unless the case related to the F Hospital is excluded, there is no particular criminal history after the suspended sentence was rendered on July 24, 2002 due to occupational breach of trust.

In addition, when comprehensively considering the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual conduct, environment, etc. as shown in the records and arguments of this case, and the scope of recommended punishment according to the sentencing guidelines, the court below's punishment is too unreasonable, and the defendant's assertion is reasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

【Re-Appellant】