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Part of the judgment of the court of first instance and that of the judgment of the court of second instance shall be reversed in entirety.
Defendant
A shall be punished by imprisonment for one year.
Reasons
1. Of the facts charged against Defendant A, the first instance court dismissed each of the public prosecution against the violation of the Labor Standards Act in the annexed Table 1 E, No. 2 E, No. 4, F, No. 8, G, No. 20, H, and No. 21, among the facts charged against Defendant A, and rendered a judgment of conviction against the remainder of the facts charged.
Of the facts charged against Defendant A, the lower court dismissed the prosecution on the violation of the Labor Standards Act for Workers BI, BJ, BK, BL, BM, BD, and BN, the violation of the Labor Standards Act for Workers’ Retirement Benefits or the Labor Standards Act for Workers’ Retirement Benefits, the violation of the payment of unpaid wages to BO, the violation of the Labor Standards Act for Workers’ Work Standards set forth in Article 1955 of the High Order 1957, the violation of the Labor Standards Act and the Labor Standards Act for Workers’ Retirement Benefits Guarantee Act set forth in Article 2017, the first Order 2017, the second Order 2662 of the High Order 2017, and convicted the remainder of the facts charged.
As to this, Defendant A appealed against the conviction portion of the judgment of the court of first instance and the judgment of the court of second instance, and the prosecutor appealed against the acquittal portion of the judgment of the court of first instance on the grounds of misconception of facts, on the grounds of an unfair sentencing, and thus, the dismissal portion of each of the above public prosecution against Defendant A is excluded from the scope of the judgment of this court.
2. Summary of reasons for appeal;
A. The Defendants’ joint crime-related assertion (1) 1 was erroneous in the lower judgment as to the lower judgment. ① When the victim’s revocation of provisional attachment, Defendant A had the ability and intent to repay the remainder of the obligation.
In addition, the medical care benefit claim for the National Health Insurance Corporation transferred to one M is erroneously stated as KRW 1 billion, and Defendant A immediately repaid the obligation to M with the knowledge of the error in writing, and the victim L is again subject to provisional attachment against the National Health Insurance Corporation.