The part of the judgment below against the defendant except for the violation of the Labor Standards Act shall be reversed.

1. Summary of grounds for appeal;

A. The prosecutor's sentence (one year and six months of imprisonment with prison labor, one month of imprisonment with prison labor, and one year of suspended execution with prison labor, and one year of suspended execution with prison labor with respect to the portion of the crime of No. 4 of the decision of the court below) imposed on the defendant by the court below is too unfasible and unfair.

Defendant

Each sentence sentenced by the court below to the defendant is too unreasonable.

2. Determination

A. We examine ex officio the judgment of the court below on the ground for appeal as to the part of Article 4-B of the judgment below and the part of Article 4-B of the defendant's decision of the court below. According to the proviso of Article 62 (1) of the Criminal Act, where a sentence of imprisonment without prison labor or a heavier punishment is imposed for a crime committed within three years after the execution of the sentence was completed or exempted, the execution of the sentence may not be suspended, and where three years have not passed since the execution of the sentence was completed or exempted, it constitutes a ground for disqualification of the above suspension (see Supreme Court Decision 92Do1246, Aug. 14, 192). According to the records, the defendant was sentenced to a suspended sentence for three years at the Daegu High Court on December 9, 2010 by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the judgment became final and conclusive on December 17, 2010.

B. The prosecutor and the defendant's assertion regarding the part concerning the crime Nos. 1 through 3 of the judgment of the court below and the crime No. 4 of the judgment of the court below.