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The judgment below
Part of acquittal shall be reversed.
A defendant shall be punished by imprisonment for two years.
except that from the date of this judgment.
Reasons
1. The lower court dismissed each of the instant charges pertaining to “The violation of the Labor Standards Act for C, D, and E, the violation of the respective Labor Standards Act for Retirement Benefits for each worker, and the violation of the Labor Standards Act for H and I (Article 2015 Gohap80) and “F and G, the violation of the respective Labor Standards Act for Retirement Benefits for each worker,” and the violation of the Labor Standards Act for J, the violation of the Labor Standards Act for J, the violation of the Labor Standards Act for Labor Standards for K, L, M, and N, the violation of the Labor Standards Act for the payment of wages for each worker, and the violation of the Guarantee of Retirement Benefits for each worker” (Article 2016 Gohap 1 related to the lower judgment). The lower court convicted or acquitted the remainder of the facts charged.
In this regard, the prosecutor filed an appeal only with regard to the remainder other than the dismissed part of the above indictment. Therefore, the dismissed part of the judgment below was separated and finalized.
Therefore, the dismissal part of the judgment of the court below is excluded from the object of this court's trial, and only the remainder of the acquittal part is subject to this court's trial.
2. Summary of reasons for appeal;
A. misunderstanding of facts and legal principles [the part concerning the crime committed before the final judgment] and the defendant S Co., Ltd. (hereinafter "S", and the defendant and S referred to as "the defendant et al.") prosecuted the victim as "T" in relation to this part of the charges. However, according to the records, T is only the representative director of the damaged company, and T is the party who entered into a sales contract with the defendant et al., and the party who entered into a sales contract with the defendant et al. is also deemed to have paid KRW 826 billion in total the down payment and the compensation for relocation as the funds of the damaged company. Thus, the victim who acquired the money by fraud of the defendant is the victim.
On the other hand, in light of the defendant's arguments and the progress of the trial, the victim of this part of the facts charged is "T", the representative director of the victimized company.