The judgment of the court below is reversed.

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

Seized evidence 1 to 13 shall be confiscated.

1. The sentence imposed by the court below (such as imprisonment with prison labor for four years) is too unreasonable.

2. The judgment defendant has been punished several times due to the same kind of crime (crime of fraud or the violation of the Labor Standards Act) and committed the instant crime.

The crime of this case is to pay the victims the final profit of the principal and high rate of the investment in accordance with the plan that the defendant kept close.

The purpose of the crime is to induce the victims to acquire money in the name of one billion won or more from the victims, and to repeatedly commit a crime against many victims over a considerable period of time, damage is high, and to deceiving victims, such as forging and using an investment contract and balance certificate of another person's name as a means of deceiving victims, and thus, the crime's nature and the criminal situation are heavy.

In the case of the violation of the Labor Standards Act, in that the number of victimized workers and the amount of money in arrears are not small, the responsibility for the crime is not easy.

It is inevitable to punish a large number of victims due to fraud because they did not properly pay damages or recover damage.

However, the defendant voluntarily surrenders to the investigation agency, and all of the crimes up to the trial, reflects the mistake, and most of the damages caused by the violation of the Labor Standards Act were recovered.

After the court below partly restored the damage caused by the crime of fraud, K expresses its intention that it does not want to punish the defendant by making efforts to repay the damage, such as transferring part of the claim for the return of the lease deposit under the name of the defendant's wife, to the victim K of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

In addition to these circumstances, the defendant's age, sex, environment, motive and background of the crime, means and methods, and circumstances after the crime are committed.