The judgment below

The guilty portion shall be reversed.

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

1. The lower court dismissed the prosecution as to the violation of the Labor Standards Act against B, C, and D and the violation of the Guarantee of Workers' Retirement Benefits Act against B among the facts charged in the instant case, and convicted the remainder of the charges.

As to this, the part of the judgment of the court below which only the defendant appealed, and the prosecutor did not appeal against the dismissal of public prosecution, the part of the dismissal of public prosecution which the defendant and the prosecutor did not appeal was excluded from and confirmed separately.

Therefore, the scope of this court's adjudication is limited to the defendant's remaining conviction except the part of dismissal of public prosecution separated and finalized as above.

2. The summary of the grounds for appeal (e.g., misappropriation) the Defendant withdraws all of the arguments of mistake of facts on the third trial date of the party trial and recognized all the facts charged.

The punishment of the court below against the defendant (three years and six months of imprisonment) is too unreasonable.

3. The Defendant, by deceiving a number of investors and the Human Resources Development Service of Korea, acquired approximately KRW 770 million in total by deceiving them, and did not pay wages and retirement allowances that form the basis of workers’ livelihood.

In light of the period, method, scale, etc. of the instant crime, the quality of the crime is not good.

The defendant has been punished several times due to the violation of the Labor Standards Act even before.

However, when the defendant was in a trial, all of the crimes are recognized and reflected.

In addition to BC, B, BA, AY, AY, X, BL, andN, the victims expressed their intention not to be punished.

(The total amount of damages of the above victims is equivalent to KRW 276,00,000, and at the original trial, AS expressed the defendant's intention not to punish him). In addition, on August 28, 2019, the Ministry of Employment and Labor obtains money from the Jung-gu Office of Government Branch of the Ministry of Employment and Labor as a deposit to the Human Resources Development Service of the victims, and obtain money from the Minister of Employment and Labor to the Human Resources Development Service of the victims.