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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 15,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. Scope of the judgment of this court;
A. Of the facts charged in the instant case, the lower court found the Defendant not guilty on the grounds of violation of the Labor Standards Act due to failure to liquidate wages from April 2018 to August 2018 of G workers G, and found the Defendant guilty only on the violation of the Labor Standards Act due to failure to liquidate wages from September 2018 and October 2018 of G workers G workers G, which were in the relation of a single comprehensive crime. The Defendant appealed only for the aforementioned guilty portion, and the prosecutor did not appeal for the part
Therefore, the part of the judgment of the court below which was not guilty of the above reasons is remanded to this court in accordance with the principle of no appeal. However, since it was excluded from the object of the party's attack and defense, it cannot be judged again by this court.
B. Of the facts charged in the instant case, the lower court sentenced the dismissal of the public prosecution on the violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits, and the Defendant and the prosecutor did not appeal against the dismissal of the public prosecution.
Therefore, since the appeal is not filed, it is separated and confirmed as it is, it shall be excluded from the scope of the judgment of this court.
C. Therefore, the scope of this Court’s judgment is limited to the conviction of the lower judgment except the portion of innocence and dismissal of prosecution.
2. The summary of the grounds for appeal (one year and six months of imprisonment, and three years of suspended execution) of the lower court is too unreasonable.
3. Although the defendant's total amount of unpaid wages and retirement allowances is large to 171,236,315 won, and there are unfavorable circumstances, such as the fact that there are many damaged workers, the defendant reflects his/her mistake, the defendant does not have any previous conviction exceeding a fine, and the defendant has paid the overdue wages and retirement allowances to the damaged workers, and has recovered from damage by paying all the damaged workers.