All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts is not a proper payment of construction cost and the price for goods to the victims, due to a sudden business depression and provisional seizure against credit card payment claims by a third party. It does not have the intent and ability to pay the price at the time of the instant case. 2) The lower court’s punishment of unfair sentencing (two months of imprisonment and two years of suspended execution) is excessively unreasonable.

B. The lower court’s sentence (six months of imprisonment, two years of suspended execution) is deemed to be too unhued and unreasonable.

2. The lower court sentenced the dismissal of public prosecution as to the violation of the Labor Standards Act among the facts charged in the instant case, and convicted the Defendant of fraud.

As to the guilty portion, the prosecutor appealed only to the remainder except the dismissed part, and the dismissed part of the judgment of the court below is exempted from the target of attack and defense of the parties.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

3. Determination

A. According to the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the Defendant’s assertion of mistake of facts, the Defendant had a considerable amount of debt prior to commencing the DNA set (limited to the amount that the Defendant himself/herself recognized, which was the total of KRW 60 million and KRW 70 million in 2009, and KRW 10 million in 2010), and was in bad credit standing at the time of opening the DNA set, and was a large amount of money to open the DNA set.

From May 1, 2012, the Defendant continued to increase the amount of wages paid to workers who were not paid wages and unpaid wages. In light of the circumstances that the Defendant changed the name of workers to a different one at the time when four half months have passed since the opening of the business.