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(영문) 서울중앙지방법원 2017.05.19 2017노332
임금채권보장법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) did not participate in the instant crime for the following reasons.

① The facts charged in the instant case are as follows: (a) the Defendant conspireds with a certified labor company E; and (b) E was subject to a disposition of non-guilty charges on the instant facts charged.

shall not be deemed to exist.

(2) The Defendant, by unlawful means, contributed to, or has contributed to, the commission of the instant crime, such as working to make workers meeting the requirements for disqualification for substitute payments as an employee meeting the eligibility requirements.

shall not be deemed to exist.

③ In light of the F’s intent of the F’s legal statement, the Defendant only expressed to the F that he applied for a substitute payment for wages after direct treatment.

B. The sentence sentenced by the first instance court (unfair sentencing) to the Defendant (two years of suspended sentence in October, and one hundred and sixty hours of community service) is too uneased and unreasonable.

2. Determination

A. In light of the following circumstances, which appear in the reasoning of the judgment of the first instance court on the Defendant’s assertion of mistake of facts, the first instance court duly adopted and examined the following circumstances, the judgment of the first instance court that held that the Defendant is liable for a crime of violation of the Guarantee of Wage Claims and the joint principal offender of the crime of attempted fraud by allowing a worker who has no reason to make a substitute payment, such as the failure to work for a subcontractor or the absence of wages in arrears, etc., to apply for a false substitute payment or verify whether he/she is a worker, is a worker, is just and acceptable, and contrary to the Defendant’s assertion, the judgment of the first instance court that determined that the Defendant is liable for a crime of

It does not appear.

① A labor company E, who has consistently denied the fact that he/she participated in the solicitation to commit the instant crime, in the process of applying for a substitute payment to the relevant workers, and due to no other obvious evidence to acknowledge it, E conspired to commit the instant crime.

It shall be readily concluded.

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