beta
Text
The judgment below
The guilty portion shall be reversed.
Defendant
A's imprisonment for ten months, and the facts charged in the judgment of the defendant B.
Reasons
1. Of the facts charged in the instant case, the lower court sentenced Defendant B to the dismissal of prosecution as to the violation of the respective Labor Standards Act as to Defendant B’s C, D, E, F, G, H, I, J, and K, and the violation of the Guarantee of Workers’ Retirement Benefits Act. Of the lower judgment, the part of the dismissal of prosecution as to Defendant B and the public prosecutor were not appealed.
Therefore, the dismissal of public prosecution for which no appeal has been filed is separated and confirmed as it is, it is excluded from the scope of adjudication of this court.
2. Summary of grounds for appeal;
A. Defendant A (1) did not mean that (1) Defendant A was aware of misunderstanding of facts and misunderstanding of legal principles that “if a victim lends KRW 50 million to the victim P, he shall be repaid.”
Defendant
A’s KRW 50 million received from the victim P is not a mere loan, but a kind of management subsidy, and management subsidy is expected to be returned at the time of termination of the transaction with the relevant company, and it cannot be said that a crime of fraud is established on the ground that the management subsidy was not paid immediately.
In addition, it can not be said that Defendant A’s failure to finally repay the above money is due to the management of the hospital after the death of the hospital, and there is an intention to acquire the money by fraud.
(2) The prosecutor added this part of the facts charged and the facts charged of deceiving drugs to a single charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). The court below recognized this part of the facts charged as a separate crime without any modification of the indictment procedure and recognized this part of the facts charged as a separate crime. The court below did not provide an instruction of innocence for the text of the facts charged and for the reasons.
Such assistance by the lower court is unlawful as it infringes on Defendant A’s right of defense.
B) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), Defendant A was the victim from the beginning.