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(영문) 울산지방법원 2019.09.27 2019노817
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court dismissed the prosecution against the violation of the Labor Standards Act and the violation of the Act on Guarantee of Workers' Retirement Benefits, among the facts charged in the instant case, and convicted the remainder of the facts charged.

The Defendant appealed against the guilty portion of the judgment below, and the prosecutor stated in the petition of appeal that the scope of the appeal is “total,” but the petition of appeal or the statement of grounds of appeal only states “unfair punishment” as the grounds of appeal, but does not state any grounds of appeal as to the dismissal of public prosecution.

Therefore, since the dismissal part of the judgment below is separately confirmed, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendant (two months of imprisonment with prison labor for three years and four months, with prison labor for crimes Nos. 1, 2, and 5 through 15) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

3. Although there are many kinds of records of punishment for the same fraud and the violation of the Labor Standards Act, the Defendant committed the instant crime again, and in particular, on May 16, 2012, in the Daegu District Court racing support, the Defendant was sentenced to six months of imprisonment for the crime of fraud and the violation of the Labor Standards Act, and on November 15, 2012, the Defendant committed a crime of fraud against the victim Z, or AD without being aware of the fact that the execution of the sentence was completed, even though it was a repeated offense period.

In addition, the fact that the amount of damage caused by fraud is reasonable, and approximately KRW 278 million was not repaid, and the wages and retirement allowances in arrears were about KRW 200 million, and the fact that the above victim did not comply with the agreement with the victim AD and the crime liability is not less and less severe than that of the defendant.

On the other hand, however, the defendant is trying to commit his crime.

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