The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

An appeal against the judgment of the court below in the second instance by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective punishment (in the first instance court: imprisonment with prison labor for six months, and in the second instance court: fine of one million won) is too unreasonable.

2. Determination

A. Regarding the judgment of the court below of first instance, the number of victims due to the Defendant’s fraudulent act is seven, and the Defendant did not agree with the victims other than L, and the Defendant had the same type of criminal conviction, including the same criminal conviction, more than five times.

However, in full view of the fact that the Defendant appears to recognize and reflect his criminal act, the fact that the above victim did not want to be punished by the Defendant under an agreement with the victim L (amounted to five million won) in the trial at the same time, and other various sentencing conditions as shown in the arguments in the instant case, such as the Defendant’s age, sexual behavior, and environment, the sentence imposed by the first instance court is somewhat heavy.

The decision is judged.

B. As to the judgment of the second instance, the Defendant had three previous convictions due to crimes of violation of the same kind of Labor Standards Act.

In the instant case where there is no change in the sentencing conditions that may be particularly considered when the Defendant was committed in the first instance trial along with the above circumstances unfavorable to the Defendant, taking full account of various circumstances that form the conditions for sentencing, such as the Defendant’s age, sexual conduct, environment, health condition, family relationship, motive, means and consequence of the crime, etc., the Defendant’s punishment No. 2 is too excessive beyond the scope of discretion, and it is difficult to view that the Defendant’s unfair assertion of sentencing against the lower judgment No. 2 is unfair, and therefore, is without merit.

3. In conclusion, since the appeal against the judgment of the court of first instance is well-grounded, the judgment of the court of first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal against the judgment of second instance is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as follows. The appeal against the judgment of the court of second instance is without merit. It is so decided as per Disposition.