업무상횡령등
All convictions against the defendant among the judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. Summary of grounds for appeal;
A. Fact-finding ① In relation to occupational embezzlement, the retirement advance payment was paid to the retired worker by deducting the amount at the time of the employee’s wage payment, and there was no amount deducted due to the aggravation of the financial situation of the company, and was stated as deduction in the salary specification, but did not keep the same separately, and the Defendant was in the position of the custodian on duty.
In addition, in relation to U’s violation of the minimum wage law and labor standard law, U’s labor hours were limited to 6 hours per day, 36 hours per week, and the comprehensive wage contract was concluded. Based on this, even if the weekly holiday allowance was included in the calculation, the wage per hour exceeds the minimum wage amount of 4,931 won, and ultimately, there was no unpaid wage for U, the lower court found Defendant guilty of all facts charged, thereby adversely affecting the conclusion of the judgment.
B. As to the violation of the Labor Standards Act by workers AB, T, and C, and the violation of the Workers' Retirement Benefit Guarantee Act, all civil mediations have been established and the amount of adjustment has been paid, there is an expression of intention not to punish the worker.
Although it can be seen, the lower court did not render a judgment dismissing the prosecution on this part of the facts charged, it erred by misapprehending the legal doctrine on the indication of intention not to punish a person who is not subject to punishment.
(c)
Each sentence sentenced by the court below to the defendant (the first sentence: imprisonment of 1 year, 2 years of suspended sentence, 2 years of suspended sentence: imprisonment of 8 months and 2 years of suspended sentence) is too unreasonable.
2. We examine ex officio the appeal case against the judgment of the court below Nos. 1 and 2. The court tried together with the appeal case against the judgment of the court below of first instance, and the offense in the judgment of the court of second instance with each of the offenses in the judgment of the court of first instance is one of the concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be punished as a single sentence within the scope of the term of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act.