All appeals by the Defendants are dismissed.

The court below dismissed the prosecution on the violation of the Labor Standards Act among the facts charged against Defendant A, and sentenced the conviction on the remainder of the facts charged against Defendant A, Defendant B, and the facts charged against Defendant B, respectively. The Defendants appealed on the grounds of mistake of facts, misunderstanding of legal principles, and unreasonable sentencing.

Therefore, the dismissal part of the judgment below against Defendant A is excluded from the scope of the judgment of this court since it is separated and confirmed as it is due to the expiration of the appeal period.

Summary of Grounds for Appeal

A. Of the facts charged in the instant case, there is a fact that: (a) as to Defendant A and B’s accusation among the facts charged in the instant case, it is true that D forces Defendant A to resign from the representative director or to resign from the office; (b) there is no false accusation on the grounds that the Defendants conspired to report D for the purpose of having criminal punishment imposed; and (c) as to Defendant A and C’s fraudulent entry and its exercise in the original authenticated deed among the facts charged in the instant case, Defendant A, an operator of E, bears the obligation to borrow approximately KRW 50 million against Defendant C.

In addition, it was true that the Defendants prepared a notarial deed in advance before the loan was made with respect to the KRW 15 million, but there was no intention that Defendant A would make a future loan and prepare a notarial deed under the agreement with Defendant C, so there was no intention that Defendant A would bear a false obligation.

Therefore, since the notarial deed of this case is true, the crime of false entry in the original notarial deed and the crime of uttering is not established.

B. The sentence imposed by the lower court on the Defendants (Defendant A: one year and two years of the suspended execution of April, community service order 120 hours, Defendant B: ten years of suspended execution of imprisonment, two years of the community service order 120 hours, and Defendant C: fine of KRW 5 million) respectively.