The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (the fine of 500,000 won for the violation of the Labor Standards Act as stated in the judgment and the imprisonment of 4 months for the crime of fraud in its holding) is too unreasonable.

2. In our criminal litigation law that takes the trial-oriented principle and the principle of directness, where there exists a unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Defendant is against all of the instant criminal acts.

In the past, the Defendant agreed with the victim of the instant fraud crime, and the victim does not want the punishment against the Defendant.

Such circumstances are favorable to the defendant.

On the other hand, the defendant did not pay wages to workers E and F for more than three years from the date of retirement, and acquired 6,380,000 won from the damaged person under the pretext of purchasing airline tickets by using the career engaged in the travel business.

Before committing the instant fraud, the Defendant had been punished several times due to fraud, embezzlement, etc., and in the case of fraud which was punished in 2013, the Defendant acquired 9.14 million won as an airline ticket purchase, and is similar to the instant fraud and the method of committing such fraud.

In addition, on February 6, 2014, the Defendant committed the instant fraud without being aware of the fact that he was sentenced to imprisonment with prison labor for a total of KRW 7,980,000,00 for a period of suspension of execution after being sentenced to imprisonment with prison labor for six months and two years of suspension of execution.

Such circumstances are disadvantageous to the defendant.

In addition, the above circumstances and the defendant's age, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case, and recommendations according to the sentencing guidelines established by the Supreme Court sentencing committee.