The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

provided that this ruling has become final and conclusive.

1. The lower court sentenced the Defendant to dismiss the prosecution on the violation of the Factory and Mining Foundation Mortgage Act among the facts charged in the instant case, and it should be deemed that the part was exempted from the object of public defense among the parties because both parties did not appeal.

Accordingly, the scope of this court's adjudication shall be limited to the defendant's conviction.

2. The decision of the court below on the summary of the grounds for appeal is too unreasonable that the punishment of eight months imprisonment imposed by the defendant is too unreasonable.

3. Each of the instant crimes is acknowledged that the Defendant, who committed the instant crime, did not maintain trust with the victimized company, deceiving the victimized company, thereby deceiving the money and goods equivalent to KRW 41 million, which is the sum of the wages of the retired worker, but did not pay KRW 2.6 million within 14 days from the date of retirement, and that the case is not less complicated in light of the amount of fraud, etc.

However, all of the crimes of this case are recognized by the defendant, and the defendant's act of committing each of the crimes of this case seems to have contributed to the situation where the defendant was significantly compromiseed on the defendant's business due to the aggravation of management of the entire domestic shipbuilding company that occurred around 2010. The defendant deposited 5 million won for the damaged company in the court below, and the defendant continued to endeavor for recovery of damage, such as deposit of a total of 15 million won for the victimized company in the court below. In the case of the crime of violation of the Labor Standards Act, it appears that there are circumstances where it was difficult to grasp the whereabouts of the retired foreign worker, and there is no history of criminal punishment other than the fine, and there is no history of criminal punishment other than the fine, in particular, there is no history of criminal punishment by fraud, and it becomes various conditions of sentencing as shown in the records, such as the defendant's age, environment, occupation, family relationship, circumstances leading to each of the crimes of this case, and circumstances before and after the crime.