최저임금법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) of the original judgment is too unreasonable.
2. Before the judgment on the grounds of appeal by the Defendant was examined ex officio, and the record reveals that the Defendant was sentenced to one year of imprisonment with labor for a violation of the Labor Standards Act, etc. at the Busan District Court on April 21, 2016, and two years of suspended execution. The above judgment is recognized as having become final and conclusive on September 1, 2016 (Supreme Court Decision 2016No287 Decided April 21, 2016). The Defendant’s crime of this case is in a concurrent relationship with the crime for which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act, and is determined by taking account of equity with the case where the judgment is rendered simultaneously in accordance with Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot avoid reversal
3. As above, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts constituting a crime and evidence recognized by this court is as follows: (a) on April 21, 2016, the first head of the judgment of the court below was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act; and (b) on September 1, 2016, the above judgment was finalized on September 1, 2016; and (c) on the summary of the evidence, it is identical to each corresponding column of the judgment of the court below, except for adding "1. final and conclusive judgment" to "the summary of the evidence," and thus, it is cited in accordance with Article
Application of Statutes
1. Article 28 (1), Article 6 (1) of the Minimum Wage Act (which means the payment of wages below the minimum wage), Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the failure to liquidate money and goods), Article 44 subparagraph 1 of the Act on the Guarantee of Workers' Retirement Benefits;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);
1. Selection of penalty: