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The judgment below
The part against the Defendants is reversed.
Defendant
A shall be punished by imprisonment with prison labor for four months, and by imprisonment for one year.
Reasons
1. The summary of the grounds for appeal is unreasonable as it is too unreasonable that the sentence imposed by the lower court on the Defendants (Defendant A: 4 months of imprisonment and Defendant B’s imprisonment with prison labor for 1 year and 6 months) is too unreasonable.
2. Determination
A. The judgment of the court below 1) Defendant A recognized the instant crime, and the fact that the instant crime occurred in the course of operating an enterprise, etc. is favorable to the Defendant. However, even if considering the above circumstances, unpaid wages, etc. for workers are serious anti-social crimes threatening the survival of workers and their families living together with each other beyond the employer’s duty to return under a labor contract, and the Defendant’s payment of wages, etc. over several months is likely to have suffered less than 120 million won by paying wages, etc., and it is difficult to find out the circumstances where the Defendant made efforts to pay wages to the victimized workers, even though the total sum of the unpaid wages, etc. and the money, valuables, and retirement allowances, such as unpaid wages, etc., is larger than 120 million won, up to one year after closure of business, and even if payment of part of the unpaid amount was made through substitute payment, it is sufficient to find the Defendant’s efforts to pay wages to the victimized workers.
In light of the fact that the defendant disposed of the personal property under the name of the defendant before the closure of the company, it is difficult to see that the procedure for claiming reimbursement for substitute payment can be implemented, and it is inevitable to sentence the defendant to the punishment.
2) The sum of money, valuables, and retirement allowances, including Defendant B’s unpaid wages, is not significant; in the case of embezzlement and fraud, the sum of such money, valuables, and retirement allowances is large of KRW 185.8 million; and the Defendant cannot find an attitude against himself/herself, such as denying the relevant crime even though evidence is obvious; and there is no effort to recover damage.