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(영문) 서울동부지방법원 2020.11.13 2020노601

근로기준법위반등

Text

All judgment of the court below shall be reversed.

Paragraph 2 of "2019 Highest 2199" as the judgment of the court of first instance.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court (4 months of imprisonment and 4 months of imprisonment) and the punishment sentenced by the second instance court (2 months of imprisonment) are deemed to be too uneasible and unfair.

B. Defendant 1) As to the fraud of the judgment of the court of first instance on the erroneous determination of facts, the Defendant borrowed money from the victim I to operate the business and invested it in the business, but did not intend to acquire the money by deceiving the said victim. In regard to the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act, as long as the unpaid wages and retirement allowances were paid to the victimized workers through the employment insurance that the Defendant operated by the company, the dismissal of the prosecution should be dismissed.

3) The sentence imposed by each court below on the grounds that the sentence of unfair sentencing is too unreasonable. 2. The court held ex officio on February 2, 199 that the case was consolidated and deliberated upon as an appeal against each court below's judgment. Each of the crimes of "2019 Highest Group 2199 and paragraph (1) and (3) of "2019 Highest Group 219 and paragraph (2) of "2020 Highest 14" as stated in the judgment of the court below and each of the crimes of "20 Highest 200" as stated in the judgment of the court below in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and must be sentenced to a single sentence within the scope of a term of punishment aggravated under Article 38 (1) of the Criminal Act. In addition, according to the materials submitted in the

In addition, on October 2, 2019, the Seoul Central District Court sentenced one year and four months of imprisonment with prison labor for a violation of the Labor Standards Act, etc. on June 26, 2020 (hereinafter “B-1 criminal records”), and determined that the judgment became final and conclusive on June 26, 2020 (hereinafter “B-2 criminal records”). However, if only the portion for which one year of imprisonment has been declared, only “B-1 criminal records” and “B-2 criminal records” are included as “B-2 criminal records”.

According to the reasoning of the judgment of the court below, Article 2019Kadan2199(2) of the judgment of the court below is acceptable.