The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the lower court’s punishment (2017 senior group 3.5 million won: fine of 5 million won; fine of 2017 senior group 4: imprisonment for four months; imprisonment for two months; imprisonment for two years; surveillance of protection; and community service order 120 hours) is too unreasonable.

2. The Defendant recognized each of the instant crimes, and is against the Defendant.

The Defendant agreed with the victim of fraud only.

In the case of fraud, the judgment of the court below that became final and conclusive on December 23, 201 shall be stated that the judgment of the court below that became final and conclusive on December 15, 2011, but this is a clerical error, and as seen below, it shall be corrected as follows).

the same time as the judgment has been rendered shall be taken into account.

This is the circumstances favorable to the defendant.

However, the defendant had nine-time frauds (limited to the frauds which became final and conclusive prior to the date of the instant crime, but up to five times) and five-time criminal convictions violating the Labor Standards Act.

The wages that the defendant did not pay are about KRW 20 million, and the amount of damage in fraud is about KRW 50 million.

If there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no new change in circumstances that may change the sentence of the lower court in the first instance court.

This is disadvantageous to the defendant.

In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence of the lower court is too unreasonable as it is too unreasonable.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench (Provided, That the judgment of the court below on the same day is final and conclusive among the criminal facts in the judgment of the court below).