근로기준법위반등
The judgment of conviction of the original judgment and the judgment of the second court shall be reversed in entirety.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. (1) As to the violation of the Labor Standards Act, the court below found the Defendant guilty of violating each of the Labor Standards Act among the facts charged in the instant case, even though there is no reason attributable to the Defendant for the failure to pay the wages, since the Defendant agreed with all workers on the extension of the payment deadline of the wages, and thus, the Defendant could not pay the wages due to the wind being temporarily detained.
(2) On the premise that the Defendant received a donation of a vehicle from the victim X, the lower court found the Defendant guilty of embezzlement among the facts charged in the instant case, and erred by misapprehending the legal doctrine.
(3) As to fraud, even though the Defendant had the intent and ability to repay money with no credit standing at the time of lending money from the victims, the lower court found the Defendant guilty of fraud among the facts charged in the instant case on a different premise. The lower court erred by misapprehending the legal doctrine.
B. The sentencing unfair is unfair because each sentence sentenced to the defendant in the judgment of the court below (the judgment of the court of first instance: imprisonment of one year and eight months, and the judgment of the court of second instance: imprisonment of six months) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for ex officio appeal, the judgment of the court below against the defendant was rendered, and the defendant filed an appeal against the above two appeals. The court decided to hold a joint hearing of the above two appeals cases. The guilty part of the judgment of the court of first instance and the judgment of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, in this respect, the guilty part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained.
Therefore, the defendant's person despite the above reasons for reversal.