The judgment below

The remainder, excluding the dismissed part, shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. The lower court rendered a judgment dismissing a public prosecution against the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act against workers B and C among the facts charged in the instant case, and convicted the remainder of the facts charged.

Since only the Defendant appealed against the guilty portion of the judgment below, the dismissal of prosecution in the judgment below was separated and finalized, and excluded from the scope of the judgment in the trial.

2. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

3. Determination is an unfavorable circumstance, such as the fact that the Defendant was unable to receive a letter from G, the victim of the fraud crime, and that the amount of damage from G was reasonable, but failed to pay additional damage in the trial.

However, it is advantageous to the fact that the defendant recognized the crime of this case and reflected against the victim G, and it seems that part of the victim's reimbursement was made to the victim G, and that the worker F and I do not want the punishment of the above worker under an agreement with the worker F and I.

In full view of such circumstances and the defendant's age, character and conduct, environment, circumstances after the crime and circumstances after the crime, all the sentencing conditions shown in the records and arguments of this case and the sentencing guidelines of the Supreme Court sentencing committee, the sentence of the court below is considered unfair.

Therefore, the defendant's assertion of unfair sentencing is justified.

4. As such, the defendant's appeal is reasonable, and the remaining part of the judgment below excluding the dismissal of public prosecution among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts are applicable to each of the former Labor Standards Act.