사기등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for four months.
1. Of the facts charged in the instant case, the lower court dismissed the prosecution as to the violation of the Labor Standards Act with respect to workers B, C, and D, and convicted the remainder of the facts charged. Since the part dismissing the prosecution was already finalized in the instant case where only the Defendant filed an appeal against the conviction, only the portion of the lower judgment guilty is subject to this Court’s judgment.
2. The sentence of six-month imprisonment sentenced by the court below is too unreasonable.
3. Determination is inevitable in light of the following: (a) the Defendant, by deceiving the victim E from the victim E to the cost of construction; (b) the amount of damage was not small, such as not paying wages and retirement allowances exceeding twenty eight million won to the workers; (c) the Defendant has been subject to criminal punishment on several occasions due to fraud and the violation of the Labor Standards Act; and (d) the Defendant has failed to obtain a letter from his/her workers, etc.,
However, in light of the fact that the defendant recognized the facts charged in the instant case and reflected his mistake, the fact that the defendant agreed with the victim E in the course of the trial, and other various sentencing conditions specified in the records and arguments, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, the court below's punishment is too unreasonable. Thus, the defendant's assertion is justified.
4. In conclusion, the defendant's appeal is with merit. Thus, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Payment of wages under Article 347(1) of the Criminal Act (Fraud) and Articles 109(1) and 36 of the Labor Standards Act for criminal facts.