근로기준법위반등
The judgment of the court below is reversed.
The punishment of the accused shall be determined by six months of imprisonment.
1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.
2. The defendant's crime of this case is considered to be directly connected to the livelihood of the worker and his dependents, and the quality of the crime is not less severe, the majority of the victimized workers are the total amount of unpaid wages and retirement allowances which is about 3.7 million won in total, and the defendant's operation of the defendant's company can be seen to have caused the occurrence of this case, such as the defendant's temporary payment of the company funds of several hundred million won in the form of provisional payment and the use of part of the company funds for personal purposes, etc. However, the victim E, I, S, and G wages and retirement allowances are about 4,863 million won in total and agreed with the above victims, and the defendant's error is recognized and against the above victims, the defendant's substitute payment was made to the damaged workers about 3.3 million won in total, and there is no other criminal record except for the crime of this case, and the defendant's circumstances after the crime of this case, the circumstances of this case, the age of the defendant's personality and conduct, and the reasons for sentencing of this case are too unfair.
3. In conclusion, 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 with merit.
Criminal facts
The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.
(Article 369 of the Criminal Procedure Act). Application of law
1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of penalty: