근로기준법위반등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
1. The court below dismissed the prosecution as to the violation of the respective Labor Standards Act against C, D, E, F, G, H, I, J, K, L, M, and N among the facts charged in this case, and convicted the remainder of the facts charged. Accordingly, since the defendant and the prosecutor filed an appeal only against the guilty part of the judgment below, the above dismissed part is deemed to have been separated and finalized as it is.
Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.
2. The gist of the grounds for appeal is that the Defendant filed each appeal on the grounds that the sentence imposed by the lower court (one year of imprisonment) is too unreasonable, and the prosecutor is too unhued and unreasonable.
3. The crime of this case is that the defendant does not pay a total of 389,316,70 won of retirement workers by the statutory due date for the purpose of avoiding compulsory execution, and the case is significant in light of the number of the victims' employees and the scale of the overdue wages. The payment of wages and retirement allowances is a key element of guaranteeing the basic livelihood of the workers, unlike the non-performance of general civil law, there is a need for strict punishment unlike the case of non-performance of contractual obligation. Although the court agreed in addition to some of the victims' employees, even if excluding the agreed employees' overdue wages, the total amount of the overdue wages for the remaining victims is up to 242,291,79 won, most of the agreed employees are expected to respond to the agreement without receiving the overdue wages, and the employees attempted to conceal the last progress payment amount of 270,700,000 won paid by the original office for the purpose of personal debt repayment, etc., and attempted to conceal the property owned by the defendant.