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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the court below (one year and six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. The crime of this case is an employer who employs 150 full time workers and provides service business, and has not paid a total of 1.1 billion won to 166 workers, and the number of workers who have not received wages or retirement allowances is a large number of employees who have not received wages or retirement allowances, and the amount of unpaid wages is very large, and the crime liability is very heavy, and the government paid a total of 378 million won to workers by substitute payment on behalf of the defendant, even though a considerable period has elapsed from the date of the worker's retirement, and the defendant did not pay wages or retirement allowances to workers, and the defendant did not receive wages or retirement allowances from workers.
On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, the management failure of the defendant's business to pay wages or retirement allowances to workers seems to prevent them from paying wages or retirement allowances, and the fact that the defendant has no record of criminal punishment except for a fine of one million won as a result of the violation of the Labor Standards Act around September 2017.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and background leading to the commission of the crime, the means and consequence of the crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment is not deemed to be harsh or unreasonable.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.