The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

except that this shall not apply.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and two million won in imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In full view of all the facts charged by the Defendant for the first time in the trial, the fact that all or part of the amount of damage to a large number of damaged workers was deemed to have been paid as a substitute payment, and that foreign workers was paid dividends in the real estate auction process at the trial, and the Defendant agreed at the lower court only with the Korea Credit Guarantee Fund that the complainant and deposited KRW 200 million in the trial to the victim J, and that there was no special criminal record other than drinking driving, and other circumstances that form the sentencing conditions indicated in the records, such as the Defendant’s age, sexual behavior, environment, circumstance and contents leading to the instant crime, and circumstances after the crime, the lower court’s punishment is deemed to be unfair because it is too unreasonable.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction in accordance with Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime and the gist of evidence admitted by this court is to be cited in accordance with Article 369 of the Criminal Procedure Act, except for the fact that “the defendant’s partial statement” in the summary of the evidence in the judgment of the court below is changed to “the defendant’s original trial statement” as “the defendant’s original trial statement.”

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act applicable to the facts constituting an offense (the fact that an employee is not entitled to the annual leave allowance) of the relevant Act, Article 44 Subparag. 1 and 9 of the Guarantee of Retirement Benefits for each employee (the fact that an employee is not entitled to the annual leave allowance) and Article 347(1) of the Criminal Act (the fact that fraud is committed);

1. Selection of penalty: