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(영문) 서울고등법원 2015.11.17 2015노535

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

The guilty part (including the part not guilty) shall be reversed.

A defendant shall be punished by imprisonment for three years.

(2).

Reasons

A. The money to be paid was a judgment of KRW 80,390,711 and damages for delay thereof, and on April 15, 2012, the Defendant delivered to the Victim G a quantity of the second class container located in the Philippines to recover damage equivalent to KRW 45,00,000,000, and deposited to the Victim G during the trial, and the amount of unpaid wages and retirement allowances was paid to the Workers G through the auction procedure, and the Defendant did not have any record of punishment for fraud, and there was no penalty power exceeding the suspension of execution.

In addition, the above circumstances and the defendant's age, character and conduct, family relations, occupation, circumstances after the crime, and circumstances after the crime in this case, various factors of sentencing as shown in the arguments in this case, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court Sentencing Commission / [the scope of recommended sentence] types 3 (at least 500 million won, but less than 5 billion won) and basic area (at least 3 years and less than 5 billion won) (at least 6 years) / The lower limit is based on the relation of concurrent crimes with the violation of each Labor Standards

Comprehensively taking into account both the criteria for suspension of execution and sentence, the sentence shall be determined as ordered.

The acquittal portion

1. Summary of the facts charged: (1) The Defendant: (2) the monthly wage of 1,562,640 won for April 2012; (3), the total of 3,013,54 won for March 2012; (4) the wage of 2,571,630 won for April; (3), the total of 1,145,746 won for February 2012; (4), the total of 1,34,850 won for March 1, 200; (6) the monthly wage of 2,490,596 won for 2,490,590; and (6) the total of 3,50,000 won for March 3, 2012; and (5) the wage of 2,190,750, 290, 198, 290, 209, 209, 309, 209, 297, 19, 190

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