All appeals by the defendant and the prosecutor are dismissed.

1. Of the instant facts charged, the lower court dismissed the prosecution against the violation of the Labor Standards Act and the violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act against B and C, and convicted the Defendants on the charge of fraud, and convicted them on the charge of violation of the Labor Standards Act against J, violation of the Workers’ Retirement Benefit Security Act, and violation of embezzlement.

In this regard, the part of the judgment of the court below which dismissed the public prosecution against the defendant and the prosecutor was not appealed, and the part which dismissed the public prosecution against the above judgment of the court below is separate and finalized. Thus, the scope of the judgment of this court is limited to the above part except that of violation of the Labor Standards Act for B and C

2. Summary of grounds for appeal;

A. The Defendant (which failed to submit a statement of reasons for appeal) appealed from the first trial date, on the grounds that sentencing was unfair, at the first trial date.

was stated.

However, according to the records of this case, even if the defendant appealed against the judgment below on May 2, 2019 and filed an appeal on July 27, 2020 after being served with the notice of receipt of the records of trial on July 27, 2020, he did not submit a statement of reason for appeal within the submission period for a legitimate reason, and no reason for appeal is stated in the petition of appeal, and even if examining the records, the reason for ex officio investigation cannot be found.

Therefore, a decision to dismiss an appeal by a defendant should be made pursuant to Article 361-4(1) of the Criminal Procedure Act, but as long as a judgment is rendered on the appeal by a prosecutor, a separate decision to dismiss an appeal shall not be made and a decision shall be rendered (see, e.g., Supreme Court Decision 69Do143, May 27, 1969). (b) In full view of the evidence submitted by the prosecutor (the part of the judgment of the court below which acquitted the defendant), the fact that the defendant, as stated in the facts charged, by deceiving the victim N and obtained the goods from the damaged party and acquired the amount of the money by fraud is recognized.