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(영문) 부산지방법원 2020.06.25 2020노799
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged, the lower court rendered a judgment dismissing the prosecution against the violation of the respective Labor Standards Act against Workers B, C, D, E, F, and G, and each violation of the Act on Guarantee of Workers' Retirement Benefits, and the violation of the Act on Guarantee of Workers' Retirement Benefits against Workers H, I, and J, and convicted the remainder of the charges.

As a result, only the defendant appealed against the guilty portion, the dismissal of prosecution was separated and determined as it is after the lapse of the appeal period, and it was excluded from the scope of the trial of the party.

2. The sentence of imprisonment (four years of imprisonment) by the lower court is too unreasonable.

3. Determination

A. According to the records, the court below determined punishment in consideration of various reasons for sentencing, including the following: (a) the poor quality of the crime was committed; (b) the number of victims and the amount of unpaid wages and retirement allowances was considerably high; (c) the number of victims and the amount of unpaid wages and retirement allowances was divided and reflected; (d) some victims agree with the victims of fraud; and (e) full payment of wages and retirement allowances to workers P and DC; and (e) there was no record of punishment for the same crime.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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