(영문) 창원지방법원 2016.10.27 2016노1016 | 리걸엔진

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(영문) 창원지방법원 2016.10.27 2016노1016

근로자퇴직급여보장법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and four months of imprisonment) is too unreasonable.

2. The judgment of the court below is inevitable in light of the following: (a) the number of damaged workers recognized by the court below is 129 persons; (b) the amount of damage is more than 1.3 billion won in total; (c) the unpaid retirement allowance is not fully repaid even if the defendant's assertion is based on the defendant's assertion; and (d) the portion repaid by substitute payment is not made by the defendant's direct efforts.

On the other hand, the fact that the defendant led to the crime in this case, the fact that the defendant is under confession and reflects on the external factors of the company, such as the depression of shipbuilding business due to the cause of the crime in this case, the pressure of funds following the reduction of subcontract consideration of the D Co., Ltd. operated by the defendant, and the fact that there is no criminal history other than the fine for violation of the Occupational Safety and Health Act, and that there was no penalty other than the fine, and that approximately KRW 900 million was paid as substitute payment out of the damages in this case, and that about KRW 200 million was submitted by the transferee according to the terms and conditions of acceptance in this case, shall be considered as favorable to the defendant. In full view of all other circumstances, the court below's punishment is deemed unfair because it is too unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts as well as Article 44 of the same Act;

참조조문

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