beta
Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this judgment.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (eight months of imprisonment) is too unreasonable.
2. The judgment that the Defendant’s total amount of unpaid wages to 110 workers is up to 273,92,51 won, and that wages are key elements guaranteeing the basic livelihood of workers, and thus, payment of wages is not required to be punished separately under the relevant statutes, unlike the default of ordinary obligations. Considering the above, the Defendant’s responsibility is not weak, and part of the unpaid wages was paid as substitute payment.
Even if the State (or the Labor Welfare Corporation) fails to recover it, the damage will be borne by the State, and the defendant did not perform his/her obligation to reimburse the substitute payment, and the possibility of performing his/her obligation to reimburse is high.
The fact that it is difficult to see is an unfavorable situation.
However, there is no record of criminal punishment exceeding a fine, for employees to pay 80,976,411 won directly or by subrogation from Samsung Engineering Co., Ltd., and receive 171,702,350 won as substitute payment, and the wages the actual workers have not received as substitute payment (2,693,060 won of labor income and social insurance premiums of some workers). Defendant B deposited 1,4530,00 won in total for the payment of workers’ wages, and there is no other extenuating circumstances such as the fact that the workers received part of the wages corresponding to the unpaid wages or would have received the unpaid wages, and that there is a mother who is not good health, and the sentencing conditions of the court below are too unfair, taking into account all the circumstances such as Defendant’s age, sex, environment, motive, means, consequence, etc.
3. The Defendant’s appeal is with merit, and thus, the judgment of the court below against the Defendant pursuant to Article 364(6) of the Criminal Procedure Act.