사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.
The defendant above.
1. The summary of the grounds for appeal (the first instance judgment; the second instance judgment; the fine: the fine of KRW 5,00,000), which was pronounced by the lower court, is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial. Each of the crimes that the judgment of the court below rendered are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below that sentenced a separate punishment for each of the above crimes cannot be maintained in this respect.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the sentencing of the defendant on the grounds of ex officio reversal, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.
[C] The facts constituting a crime and the summary of the evidence recognized by the court below and the summary of the evidence are as follows: (a) each of the facts constituting a crime and the summary of the evidence in the judgment of the court of first instance, “part of the defendant’s court statement” in each of the summary of the evidence in the judgment of the court of first instance, and (b) the “P” in the judgment of the court of second instance, except where the facts constituting a crime in the judgment of the court of second instance, constitute “R
Application of Statutes
1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts (Article 347(1) of the Criminal Act (Article 347(1) of the Criminal Act, comprehensively including criminal facts of the case in Article 2017, Article 1915, Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Articles 44 Subparag. 1 and
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the violation of the Labor Standards Act on R, the violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment imposed on a violation of the Labor Standards Act which is heavier);
1. As to frauds which choose punishment: