근로기준법위반등
The prosecutor's appeal is dismissed.
1. In light of the purport of the grounds for appeal that the Defendant’s total sum of the unpaid wages and retirement allowances reaches KRW 60 million, that the Defendant has been punished three times by a fine of the same kind, and that the employee D was unable to receive wages for about one year, and that damage was severely obstructed, the sentence of a fine (4 million won) imposed by the lower court is too unreasonable.
2. In full view of the following circumstances, it is recognized that the Defendant was able to take into account the circumstances leading to each of the instant crimes, and the Defendant seems to have made considerable efforts to pay wages or retirement allowances to workers in economic difficulties.
In addition, considering the circumstances of all the sentencing as shown in the records and arguments of this case including the Defendant’s age, character and conduct, environment, etc. favorable or unfavorable circumstances, and the reasons for sentencing of the lower judgment, even if the prosecutor’s assertion as the grounds for appeal are compared, it is not determined that the lower court’s punishment is too unjustifiable and unreasonable.
1) On May 1, 2012, C, a company, the representative director of which was operated by the Defendant, commenced rehabilitation proceedings against Pung Forest Industry Co., Ltd., a sales office, and was unable to receive KRW 300 million for the payment of the construction cost, resulting in sudden financial difficulties. After that, C, due to the increase in accrued claims and the decline in sales due to the invasion of construction games, etc., the Defendant was declared bankrupt at the Seoul Central District Court on September 23, 2015. In the process, the Defendant also experienced economic difficulties and resulted in each of the instant crimes. (2) After the Defendant retired from office on September 1, 2013, the Defendant paid the unpaid wages of KRW 9,300,000 and retirement allowances of KRW 20,438,625 each month, and paid the unpaid wages and retirement allowances in full and part until May 2015.
In addition, the defendant is against the worker D.