The prosecutor's appeal is dismissed.

1. The court below dismissed the prosecution against the violation of the Labor Standards Act and the violation of the Workers' Retirement Benefit Security Act against C, D, E, G, and H among the facts charged in the instant case, and found guilty or not guilty of the remainder of the facts charged.

As the prosecutor filed an appeal only for the remainder other than the dismissed part of the public prosecution and did not appeal for the dismissed part of the public prosecution, the dismissed part of the judgment of the court below shall be excluded from the judgment of this court.

2. Summary of reasons for appeal;

A. Fact misunderstanding 1) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affording), the Defendant’s statement that purchased the shares of the same company for the bank loans of the victim K Co., Ltd. (hereinafter “victim K”) or used the bank loans as operating funds of the same company is difficult to believe.

Even if the statement of the defendant was made by the defendant, the establishment of the right to collateral security on the real estate owned by the victim K in order to secure the defendant's personal obligation for the purchase and sale of shares constitutes a breach of trust

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the Defendant did not have the intent or ability to pay the purchase price of the shares at the time of purchasing K’s shares from the victim N, and the victim N was not aware that the Defendant did not have the ability to pay to the Defendant at the time, so it can be deemed that the Defendant by deceiving the victim N, thereby deceiving 330,000 shares of K (the market price equivalent to 3.2 billion won).

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The court below erred in sentencing.