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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. The Defendant agreed with K andO in the lower court, and paid KRW 2,1560,00 to the defrauded E as down payment, and the Defendant recovered part of the damage of the defrauded H.
In addition, in the court below, approximately KRW 11 million was paid to damaged workers, and about KRW 35 million was paid in the court court.
On the other hand, the defendant's crime of violation of the Labor Standards Act established on July 20, 2019 and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act should be considered in relation to equity.
However, the Defendant acquired a total of KRW 230 million from the victims of fraud, and did not pay the wages and retirement pay of KRW 70 million, and not only did the amount of damage be high, but also did not cause a considerable damage that has not been recovered.
In addition, the defendant has been punished for the unpaid wages.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view that it is unfair because it
Therefore, the defendant's assertion is not accepted.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.