All appeals filed by the prosecutor against the Defendants are dismissed.

1. Of the facts charged in the instant case, the lower court rendered a judgment that acquitted Defendant A on the evasion of compulsory execution against Defendant B, and convicted Defendant A of violating the Labor Standards Act by the victim D, E, and F, and dismissed the public prosecution on the violation of the victim D, E, and F’s remaining labor standards and the Workers’ Retirement Benefits Guarantee Act.

Of the judgment below, the prosecutor filed an appeal only against the acquittal portion against the defendant B and the conviction portion against the defendant A, and since the defendants did not appeal and the dismissal portion of the above indictment is finalized, the scope of the judgment of this court is limited to the acquittal portion against the defendant A and the acquittal portion against the defendant B among the judgment of the court below.

2. Summary of reasons for appeal;

A. Defendant A - The sentence of the lower court (one hundred months of imprisonment and two years of suspended execution) which is unfair as it is too unhutiled.

B. Defendant B - The Defendant is the actual operator of G, and it is clear that the Defendant was involved in changing the account receiving tuition fees from a private teaching institute, and thereby, it is sufficiently recognized that the Defendant committed the crime of evading compulsory execution.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by mistake.

3. Determination

A. The crime of this case against Defendant A is not a crime in light of the fact that the Defendant changed the victim’s legitimate claim collection account into the personal name account, and the Defendant did not pay the paid wages to the employed instructors, and the amount of the tuition and the unpaid wages deposited into the personal name account is a large amount.

In addition, the defendant has a record of being punished for a fine twice due to the same kind of crime in arrears with wages.

However, most of the tuition fees that the defendant recognizes and reflects the crime of this case and received from the personal account in the name of the person.