근로기준법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) of the lower court is too unreasonable in light of the fact that the Defendant tried to reach an agreement with workers, etc.
2. In the trial of the court, the prosecutor ex officio determined the defendant's violation of the Act on the Guarantee of Workers' Retirement Benefits, and applied for changes in indictment with the addition of "Article 31 and Article 9 of the former Guarantee of Workers' Retirement Benefits Act" to the applicable provisions of the Acts, and the subject of the judgment was changed by the
Therefore, the judgment of the court below was no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows, after hearing.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 109(1) and 36 of the applicable Act regarding the choice of punishment, Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201); and the choice of each fine
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act include the amount of unpaid wages and retirement allowances paid by the defendant, and there is no specific agreement with the workers up to the trial. In addition, considering the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, means and consequence of the crime of this case, the circumstances before and after the crime of this case as stated in the records of this case, it is ordered as ordered.