사기등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The lower court dismissed the public prosecution on the grounds that C withdraws his wishing to punish the Defendant after instituting the instant public prosecution on the violation of the Labor Standards Act against C among the facts charged in the instant case.
However, the Defendant and the prosecutor appealed only on the grounds of unreasonable sentencing, and the dismissal of the prosecution is separated and finalized as it was not appealed by both the Defendant and the prosecutor, and thus, the scope of this court’s judgment is limited to the judgment of conviction among the judgment below
2. Summary of grounds for appeal;
A. The sentence of the lower court (one year and eight months of imprisonment) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
3. The judgment contains a majority of the criminal records of the same kind in the crime of fraud and the violation of the Labor Standards Act, the sum of the defraudeds exceeds KRW 1550 million, and the sum of wages not paid to workers is about KRW 8,400,000,000,000,000,000,0000,000,000,0000,0000,000,000,0000,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00,00,00,00,00.
3. Accordingly, 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 reasonable.