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(영문) 수원지방법원 2014.05.29 2013노6481

근로자퇴직급여보장법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence (the suspended sentence of KRW 500,000,000) is too uneased and unreasonable.

2. In light of the fact that the original Defendant had no obligation to pay the Defendant, the Defendant acquired the obligation to pay KRW 7 million for the unpaid wage of KRW 7 million to E of the “F Company” operated by the Defendant’s friendship, and paid the Defendant KRW 7 million to E after taking over the Defendant at a human level, taking into account the employee’s living standard, and the Defendant has no record of committing any crime other than the punishment imposed twice due to a crime of violating the Trademark Act, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character and behavior, and environment, the Defendant’s sentence against the Defendant is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.