근로기준법위반등
1. The judgment below is reversed.
2. Defendant shall be punished by a fine of KRW 2,000,000.
3. The above fine shall be imposed on the defendant.
1. The sentence imposed by the court below (three months of imprisonment and one year of suspended execution) is too unreasonable.
2. Each of the instant crimes is an unfavorable circumstance, where the Defendant had been in arrears with approximately KRW 53 million in total with six workers’ wages and retirement allowances, and the nature of the relevant crime is not good, and where the complete recovery of damage has not been made up until now.
However, all of the crimes of this case are favorable circumstances, such as the fact that the defendant led to the confession of all of the crimes of this case, the fact that the defendant did not have any record of punishment for the same kind of crime, and that four workers (E, F, G, and H) in the trial and the above workers have not been punished for the defendant.
In addition to the above circumstances, comprehensively taking account of the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., various sentencing conditions as shown in the records and arguments, the sentence imposed by the lower court is deemed unfair and unfair.
Therefore, the defendant's argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between a violation of the respective Labor Standards Act for workers other than I and a violation of the Guarantee of Workers' Retirement Benefits Act);
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.