사기등
The judgment below
Of those, the conviction against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for eight months.
except that this shall not apply.
1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced against the Defendants (e.g., imprisonment of August, suspension of execution of sentence of two years, Defendant B: imprisonment of six months, suspension of execution of one year) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, in a case where an employer fails to pay both wages and retirement allowances to a retired employee within 14 days from the date when the grounds for such payment occurred without any special circumstance, the crime of violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits are established. Each of the above crimes is due to one act, and is in an ordinary concurrent relationship (see Supreme Court Decision 2012Do13244, Apr. 25, 2013). The lower court dealt with each of the above crimes against H and L, which were not paid both wages and retirement allowances, as substantive concurrent crimes. Therefore, the lower court erred by misapprehending the legal doctrine on the number of crimes, thereby adversely affecting the conclusion of the judgment.
In addition, each of the above crimes against the above workers and the remaining crimes of Defendant A are concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the conviction part against Defendant A among the judgment of the court below was no longer maintained.
3. Defendant B’s judgment on the assertion of unfair sentencing by Defendant B is an element of sentencing favorable to Defendant B, including the fact that Defendant B recognized his own criminal act, the degree of his participation is easy compared to Defendant A, and the fact that Defendant B agreed with Defendant G during the original trial process.
However, the amount of fraud of the instant fraud is not more than KRW 50 million, and the damage of KRW 40 million still remains without recovery, Defendant B does not have any money actually paid to the victim G, and Defendant B has a criminal record of a fine of KRW 1,000,000, which are disadvantageous to Defendant B.
In addition, the defendant's age, character and conduct, intelligence and environment, and the victim.