The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-finding (an attempted fraud and a false accusation) was actually offered by the Defendant to work in C and claimed compensation therefor, and whether the Defendant constitutes a worker under the Labor Standards Act is part of the area of legal evaluation. As such, the instant complaint and lawsuit filing based on the factual basis as seen above cannot be deemed as false accusation or lawsuit fraud.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by mistake.

B. The lower court’s sentence against an unfair defendant in sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal in this part. However, the lower court acknowledged by the adopted evidence, namely, that the Defendant did not prepare the labor contract or have consulted on specific business affairs with the LAC, that the Defendant did not have any working hours and place, and that the Defendant was commuting to the fixed time, and that the Defendant did not have been subject to the rules of employment of the LAC, that the Defendant did not receive any direction or direction from the LAC, and that the Defendant did not receive any payment from the LAC, ④ that the Defendant did not receive any payment from the LAC, ④ that he did not receive any payment from the LAC, ⑤ that the first Defendant requested this Defendant to enter into a lease agreement with the LAC, and that the Defendant would request the LAC to prepare the lease agreement in the name of LAC as of March 1, 2016, and that the Defendant would not be entitled to any construction works from among the construction works in the construction site to the KAC.