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Each conviction of the lower judgment shall be reversed.
The punishment of the accused shall be determined by imprisonment with prison labor for ten months.
Reasons
1. Of the facts charged in the instant case, the lower court dismissed each of the charges as to the violation of the Labor Standards Act against each worker listed in 1/4, 13, 15, and 16 of the attached Table 1, 4, 13, 15, and 16 among the facts charged in the instant case, and sentenced each of the charges as to the violation of the Act on Guarantee of Workers' Retirement Benefits and the violation of the Act on Guarantee of Workers' Retirement Benefits, among the facts charged, and convicted each of the remainder of the charges. The only Defendant filed an appeal against the guilty portion of each of the lower judgment, and thus, the dismissed portion is separately determined as is, and excluded
2. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles (as to attempted fraud in the judgment of the court of first instance), the defendant only withdrawn the investment promise of KRW 2 billion to E, etc., and did not actually have returned the investment received KRW 2 billion, making a false statement of particulars and sending it to the damaged company. However, in order for the damaged company to be deemed to have commenced a disposal due to a mistake as a result of the act of deception, the false statement of transactions must be a critical reason for the damaged company to invest and the details must be closely related to the business performance. The victim was aware of the basic fact that the investment was withdrawn and determined to report the profit and possibility of listing, and the defendant was willing to use the investment money for its original purpose. Therefore, the victim committed deception.
Although it cannot be deemed that there is an intention of fraud or fraud, the court below erred in misunderstanding of facts or misunderstanding of legal principles.
B. The lower court’s sentence (one year and six months of imprisonment, and two months of imprisonment) declared by the lower court on the Defendant is too unreasonable.
3. The judgment of the court below that held ex officio is guilty.