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The judgment below
The guilty portion shall be reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (one million won of fine) is too large.
2. The judgment of the court below is unreasonable in light of the following: (a) the defendant led to the confession of the crime of this case; (b) the defendant was faced with economic difficulties due to construction competition invasion while running G, and the defendant was prosecuted for the reason that he was not paid wages and retirement allowances; (c) the remaining workers except H were paid wages and retirement allowances during the judgment of the court below; (d) the defendant was partly paid the unpaid wages and retirement allowances from the Korea Labor Welfare Corporation; and (e) the H was paid with some of the unpaid wages and retirement allowances; (e) in the voluntary auction case of the real estate owned by the defendant, it appears that the substitute payment by the Korea Labor Welfare Corporation and the payment of the remainder of the unpaid wages and retirement allowances by the Korea Labor Welfare Corporation and the dividends of the H were made; (e) the defendant did not have any other punishment history other than the previous fine; and (e) the defendant did not have any other punishment history other than the defendant's age, character and behavior, circumstances, circumstances of the crime, and circumstances before and after the crime.
3. If so, the defendant's appeal is reasonable. Thus, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again through pleading as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109(1) and Article 36 of the Labor Standards Act (which means the payment of wages), Article 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances) for criminal facts;
1. Selection of an alternative fine for punishment;
1.A penalty of 1,00,000 won to be suspended;