The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. The scope of the judgment of the court below in this case rendered a judgment of conviction as to the fraud among the facts charged in this case and dismissal of public prosecution as to the violation of the Labor Standards Act, and only the defendant appealed with respect to the above judgment of the court below as to the guilty part, the dismissal part in the judgment of the court below becomes final and conclusive separately from the limit of the appeal period. The scope of the judgment of the court in this case

2. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one hundred months of imprisonment) is too unreasonable.

3. In light of the fact that the Defendant could have been punished for the same kind of crime, the Defendant committed the instant crime at the same time during the period of the same repeated crime, and that the quality of the instant crime is not good, the sentence of imprisonment against the Defendant is inevitable.

However, in determining the punishment, considering the various sentencing conditions indicated in the records and arguments of this case, such as the fact that the defendant agreed with the victim when the defendant was in the first instance trial, and that the defendant was found to have committed the crime of this case when the defendant was in the first instance trial, the court below's punishment is somewhat unreasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;