근로기준법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination is that the sum of wages and retirement allowances that the Defendant did not pay to 12 workers is KRW 87 million, and in particular, even though the Defendant received approximately KRW 31 million from the original business entity around August 2013, it is not easy to commit a crime, such as not paying wages, etc. to workers but using the personal debt repayment, etc., and that the Defendant has been subject to three times fines in relation to the same kind of crime, etc., which are disadvantageous to the Defendant.
However, in light of the following circumstances: (a) around December 2013, 2013, the Korea Workers’ Compensation and Welfare Service paid approximately KRW 72 million to 12 employees to recover a significant portion of damages; (b) the Defendant agreed with 12 employees in the trial; and (c) the Defendant reflects his fault in the trial; and (d) other circumstances favorable to the Defendant, such as the Defendant’s age, character and behavior, environment, motive and background of the offense; (b) means and method of the offense; and (c) circumstances after the offense, etc., the lower court’s punishment is somewhat inappropriate.
3. According to the conclusion, the appeal by the defendant is reasonable, and the prosecutor's appeal is without merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is
(2) If an appeal by a defendant is without merit, the appeal by a public prosecutor shall not be dismissed unless the appeal by a public prosecutor is reversed on the grounds that the appeal by the defendant is well-grounded).
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act.