The prosecutor's appeal is dismissed.

1. The court below's decision to dismiss each public prosecution against the charge of fraud among the facts charged in this case as to the violation of the Labor Standards Act against C, D, E, F, G, H, I, and J, and each public prosecution against the violation of the Guarantee of Workers' Retirement Benefits to D, E, F, G, I, and J, and the prosecutor appealed the remainder of the facts charged, and only the prosecutor appealed on the part of the aforementioned innocence and guilty. Thus, the dismissal part of the above public prosecution which the defendant and the prosecutor did not appeal became final and conclusive.

Therefore, the judgment of this court is limited to the acquittal and conviction of the judgment below.

2. Summary of reasons for appeal;

A. The judgment of the court below which acquitted the defendant of this part of the facts charged, even if the defendant's misunderstanding of facts (as to fraud) recognizes that there was a criminal intent to commit fraud in light of the defendant's operation status at the time of requesting processing services to R Co., Ltd.

B. The sentence sentenced by the lower court against the Defendant (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unhutiled and unfair.

3. Determination

A. In full view of the circumstances established by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the court below's determination of not guilty of this part of the facts charged is just and acceptable, and there is no error of law by mistake of facts as pointed out by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

B. The instant crime of determining the illegality of sentencing is that the total amount of wages or retirement allowances equivalent to KRW 20 million for workers has not been paid within the statutory period, and the amount of unpaid wages, etc. is inferior in light of the amount of the wages, etc. However, on the other hand, the Defendant appears to have committed an act against himself/herself when he/she misleads himself/herself, and the process of operating the enterprise.