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(영문) 울산지방법원 2017.07.18 2017노249
사기등
Text

Of the judgment of the court of first instance, the part against Defendant B and C and the judgment of the court of second instance shall be reversed, respectively.

Defendant

B Imprisonment with prison labor for one year.

Reasons

1. Summary of grounds for appeal;

A. The first original adjudication decision (one year of imprisonment) against Defendant A is too unreasonable.

B. Defendant B’s punishment (No. 1 year and February, and No. 2: imprisonment with prison labor: 4 months) of the lower judgment against the said Defendant is too unreasonable (the foregoing Defendant’s appeal on March 14, 2017). In light of the reasoning of the lower judgment’s appeal on March 14, 2017, the Defendant did not participate in each of the fraud of the case 2011 high group 211, 2016 high group 117 high group 2016 high group 2016 high group 2016 high group 2016 high group 1119 decided by the lower court, and misunderstanding that he did not actually operate “AB” with regard to the violation of the Labor Standards Act of 2016 high group 119 high group 20,000 high group 20,000 high group 1). However, this argument clearly withdraws the Defendant’s assertion on the above facts at the first trial date, even if ex officio examination by the aforementioned co-offender’s and other relevant evidence show that the Defendant committed the Defendant’s violation of labor standards.

Defendant

C The punishment of the original judgment against the above defendant (the first instance judgment: imprisonment with prison labor for three years, and imprisonment with prison labor for seven months) is too unreasonable.

(d)

The 1nd judgment decision against the prosecutor's defendant A shall apply and the 2nd judgment decision against the defendant B and C shall be deemed too uneasy and unreasonable.

2. As to each of the above arguments regarding Defendant A’s unfair sentencing, the above Defendants and the prosecutor’s aforementioned arguments together with regard to each of the above arguments, and the above Defendants jointly incorporated the company, with which they would have divided shares and profits with accomplices, and thereafter, committed each of the instant fraud in a planned and systematic manner, and the total amount of damage exceeds KRW 83 million, and in particular, desire to find a job in an imminent and imminent manner.

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