근로기준법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (10 million won) of the court below is too unreasonable.
2. Each of the instant crimes committed by the Defendant is an unfavorable circumstance against the Defendant that: (a) the Defendant did not pay the total amount of 94,028,709 won for three workers (i.e., the total amount of 36,838,709 won for workers E KRW 31,50,000 for workers H 31,50,000 for workers G 25,690,000); and (b) the Defendant did not specify the working conditions; and (c) the nature of the instant
However, the defendant reflects his mistake in depth, the defendant paid 34 million won to workers E, 20 million won to workers H, 10 million won to workers G, 10 million won to workers G, and paid 13 million won to workers G in the first instance court, 13 million won to workers E and 13 million won in the first instance court, the defendant does not want the defendant's punishment in the first instance court, 3 that the defendant does not want the worker E and 13 million won, 3 that the defendant has no record of punishment for the same crime, 3 that the defendant would pay wages unpaid to workers continuously, and all other matters concerning the defendant's age, sex, environment, circumstances and motive leading to the crime of this case, other records and changes are recognized as unfair because the sentence of the court below is too unreasonable.
Therefore, the defendant's argument of sentencing is justified.
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, and the following judgment is rendered after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions for facts constituting an offense, Articles 109(1), 36 of the Act on the Standards for Selective Labor, Articles 114 subparag. 1, 17 of the Labor Standards Act (a violation of the duty to specify working conditions), and 17 of the same Act, respectively;