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(영문) 대구지방법원 2019.01.16 2018노3172
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one hundred and twenty years of imprisonment, two years of probation, and one hundred and twenty hours of community service) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The sum of the amount obtained by deceit and the amount of unpaid wages is relatively small.

The defendant's failure to pay wages to workers seems to have caused the failure of the contractor to receive part of the work price.

There is no record that the defendant has been punished more than a fine for the same crime.

Defendant recognized and reflected the crime of violation of each of the Labor Standards Act.

This is the circumstances favorable to the defendant.

The injury caused by the instant fraud was recovered, or the unpaid wage was not paid.

The defendant has a record of having been sentenced to imprisonment with prison labor for a double crime, and has a record of being punished for the same crime.

This is disadvantageous to the defendant.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the lower judgment, and considering the following factors, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence of the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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