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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment and two years of suspended sentence) is too uneased and unfair.
2. As to the reasons for appeal of this case, the Defendant led to the confession of the instant crime and reflects his mistake in depth, and the Defendant’s endeavored to recover damages, such as the repayment of the loan by taking out the apartment house as collateral and the payment of overdue wages, etc., and the substitute payment was made (36,876,179 won was not paid until February 6, 2018, and the substitute payment was paid in total 367,379,670 won was deemed to have been paid by the substitute payment. Records 666,69,69,670 won was deemed to have been paid by the substitute payment, and the fact that there was a aspect that caused the instant crime because the management of the place of business was difficult due to the failure to receive the payment from the original office as a whole, is favorable to the Defendant.
However, in the instant case, the number of employees who did not receive the wages and retirement allowances has reached 153 persons, and the amount of unpaid wages and retirement allowances has reached approximately KRW 692 million, and the defendant has the same power once, and in particular, on March 15, 2018, the Busan District Court rendered a summary order issued on March 28, 2018 by taking into account all the circumstances in the pleadings and records of the instant case including the defendant's age, sexual behavior, environment, motive, means and consequence of the instant crime, and the result of the instant crime, and the court below's decision is unreasonable in light of the following circumstances.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.
[Re-use]