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The defendant's appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (for each fraud against victim C and D: 4 months of imprisonment, each fraud against the remaining victims, and each violation of the Labor Standards Act: 4 years of imprisonment) is too unreasonable.
However, there are conditions favorable to the defendant, such as that the defendant's mistake is recognized and reflected in each fraud against the victim C and D.
However, since the amount of damage of the above victims caused by each of these crimes reaches the total of 3,5750,000 won, and the damage has not been recovered, the defendant's liability for the crime is not weak.
Considering the equity in the case where each of the crimes in this part and the crime of fraud for which judgment was rendered on December 28, 2006, and all other circumstances that form the conditions for sentencing as indicated in the instant case, the sentencing of the lower court cannot be deemed to be too unreasonable.
There are circumstances favorable to the defendant, such as recognizing and opposing the error of the defendant in relation to each fraud against the victim H, K, N,O, P, Y, Z, AB, and AF, and each violation of the Labor Standards Act.
However, in light of the fact that the total amount of damages of the above victims caused by the crime of fraud in this part exceeds KRW 80 million and the damage has not been recovered (only a little amount has been paid to some of the above victims as interest), the amount of overdue wages of workers due to the crime of violation of each Labor Standards Act exceeds KRW 48,814,450 in total, and the defendant committed each fraud (except the crime against AB) in this part without being aware of during the repeated period due to the crime of fraud, it is inevitable to punish the defendant strictly.
Considering the equity in the case where each of the crimes in this part and the crime of fraud, which became final and conclusive on February 15, 2013, and all other circumstances that form the conditions for sentencing as indicated in the instant case, the sentencing of the lower court cannot be deemed to be too unreasonable.
If so, the defendant.