All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In regard to each of the misunderstandings about the facts, there was an intention to defraud the Defendant.

Although it is difficult to see the difficulty, the court below found the defendant guilty of each part of the facts charged, which is erroneous in the misapprehension of facts.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. 1) The lower court’s determination on the Defendant’s assertion of mistake of the facts reveals that the following circumstances acknowledged by comprehensively taking account of the adopted evidence, namely, ① the Defendant was suffering from considerable difficulties in business due to financial difficulties, such as failure to pay wages to workers from September 2015, ② the Defendant requested transportation to a transportation business entity other than the victims, but failed to pay the transportation charges; ② the Defendant appears to have requested transportation from several transportation business entities due to failure to pay the transportation charges; ③ the Defendant failed to pay the transportation charges on a timely basis despite the need for transportation in business; ③ the Defendant was unable to pay the transportation charges despite the demand of the victims; and ③ the Defendant was also unable to pay the transportation charges on October 31, 2016, and paid KRW 1850,000 to the victim I. Comprehensively taking account of the fact that the Defendant knew that it was difficult for the Defendant to pay the transportation charges due to negligence or it was by deceiving the victims.

The decision was determined.

2) Examining the above facts in light of the records of the above deliberation, we agree with the above fact finding and judgment of the court below, and there is no error of law by mistake as alleged by the defendant in the judgment below.

B. The Defendant again committed the instant crime even if he/she had a previous conviction before several times, and most of the victimized workers up to the trial although the amount of unpaid wages is reasonable.