All the defendant and prosecutor appeals are dismissed.

The court below dismissed the prosecution against the violation of the Labor Standards Act and the violation of the Act on Guarantee of Workers' Retirement Benefits among the facts charged in the instant case, and convicted the remainder of the facts charged, and the defendant and the prosecutor appealed against the guilty part.

The judgment below

Since the dismissal of public prosecution is separated from the failure of both parties to appeal, the scope of inquiry of this court shall be limited to the conviction of the original judgment.

Summary of Grounds for Appeal

The sentence of the court below (one year and two months of imprisonment) is too unreasonable.

The court below's sentence of the prosecutor (e.g., e., e., e., e.g.

Judgment

The crime of this case is an unfavorable circumstance to the defendant, where the defendant operated a motor vehicle maintenance business, and acquired money from the victims or embezzled the vehicle in the name of the vehicle repair cost for a considerable period of time by taking advantage of the status entrusted with the repair of the motor vehicle from the customers, by taking advantage of the status entrusted with the repair of the motor vehicle or the purchase and sale of the motor vehicle, and the nature of the crime is not good. The damage from the crime of this case was a considerable amount of KRW 170 million

However, there are extenuating circumstances, such as the fact that the Defendant led to the instant crime and reflects his mistake in depth, that the Defendant agreed with the Victim F, the Defendant Company Y, that there was no record of punishment for the same kind of crime, and that there was no record of punishment heavier than the suspension of execution.

In this context, the scope of the recommended sentence for the instant crime according to the sentencing guidelines established by the Sentencing Commission is from 1 year to 4 years: Embezzlement crime group, type 2 (type 100 to 500 million), special spams (no), decision-making on the recommended field (basic field), the scope of the recommended sentence (age 8 to 3 years), and class 2 crime: Fraud group, type 1 (age 100 million won), special spams or many unspecified or many victims.