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(영문) 서울서부지방법원 2019.08.22 2018노1585
근로기준법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court found the Defendant guilty of violating the Labor Standards Act (2016 highest 502, 2016 highest 1647, 2016 highest 2320, 2016 highest 3226), fraud, the Framework Act on the Construction Industry, and the Food Sanitation Act, and acquitted the Defendant of larceny, and dismissed the public prosecution against D on the violation of the Labor Standards Act (2016 highest 820).

However, since the defendant appealed against the guilty portion and the prosecutor appealed against the acquittal portion, the judgment dismissing the public prosecution which the defendant and the prosecutor did not appeal becomes final and conclusive after the appeal period has expired, and the scope of the judgment of this court is limited to the conviction and the

2. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (the fraud against the victim J, S, U, Y, and AC among the 2016 senior group 1239, the fraud against the victim J, U, Y, and AC, and the fraud against the victim AL 2016 senior group 3382) did not deceiving the victims, and the Defendant was willing and capable of executing an agreement for the interior construction work and a franchise store business cooperation agreement with the victims. The Defendant cannot be deemed to have acquired the full amount of the construction cost by deceptioning the Defendant by mistake of facts and misapprehension of legal principles. Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby finding the Defendant guilty of this part of the fraud. 2) In so doing, the lower court’s imprisonment (three years of imprisonment) against the Defendant is too unreasonable.

B. A prosecutor (a thief thief thief thief thief thief thief thief thief thief 2747) stated that the instant thief stalf stalf stalf stalf stalf stalf stalf stalf stalf stalf stalf stalf stalf stalf stalf stalf stalf stalf stalf stal

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