The judgment below

The guilty portion shall be reversed.

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

The judgment below

Part of acquittal.

1. Summary of grounds for appeal;

A. The summary of the prosecutor’s grounds for appeal (1) misunderstanding of facts or misunderstanding of legal principles (as to the acquittal portion of the judgment of the lower court), the Defendant’s failure to state the remuneration to be regularly paid on the list of property shall be deemed to have submitted a false list of property to the court.

(2) The lower court’s sentence (one year and six months of imprisonment) against the Defendant of unreasonable sentencing is too uneasible and unfair.

B. The summary of the grounds for appeal by the defendant (as to the guilty part of the judgment of the court below), the sentence of the court below against the defendant is too unreasonable.

2. Determination

A. On December 17, 2010, the lower court acknowledged the prosecutor’s assertion of mistake or misapprehension of the legal doctrine as follows. In other words, the Defendant appeared at the Jeonju District Court 2010Kao2802, upon the obligee E’s request on the date of property specification of the case, and submitted the property list. On the two pages of the property list submitted, only the details of “commercial building”, “transfer”, and “drivers” were included. On the other hand, on the property list 1, there was an indication of “real estate ownership”, “deposits and insurance money” as well as “real estate ownership”, “deposits and insurance money”, and the victim was aware of the fact that the Defendant was working at the C agency, but only the Defendant was an actual operator, and the Defendant argued that he was merely an employee, and the Defendant continued to exist as a mere employee, and thus, it is difficult to deem that there was no intention to conceal the existence of the Defendant’s claim to pay wages on a regular basis.