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(영문) 서울중앙지방법원 2021.03.26 2020노1497
근로기준법위반등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, from the date this judgment becomes final and conclusive.

Reasons

The court below dismissed each of the charges on the violation of the Labor Standards Act and the Labor Standards Act due to the worker J's failure to liquidate money and the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act among the charges of the instant case (2019 order 6789). The court below convicted the worker B, C, D, E, F, G, and H among the charges of the instant case 4474 order, and convicted the other charges of the instant case.

In this regard, the prosecutor appealed against the acquittal portion of the judgment of the court below on the ground that the sentencing was unfair, and the defendant appealed against the guilty portion of the judgment of the court below on the ground that the sentencing was unfair.

Therefore, the dismissal part of the above indictment which the defendant and the prosecutor did not appeal was separated and confirmed as it is, and excluded from the object of the judgment of this court.

2. Summary of reasons for appeal;

A. In fact 1, Defendant 1 was not capable of paying the price of goods because he was insolvent to the extent that he could not properly pay the employee’s salary, and the Defendant supplied goods to AK Co., Ltd. (hereinafter “AK”) during the same period. However, the above amount cannot be specified as being related to the victim. Furthermore, AK is merely a company operated by AL, a South Korean living together with the Defendant, and is in fact a company in charge of the distribution of L (hereinafter “L”) operated by the Defendant. In light of the fact that the Defendant’s investment attraction, which was being promoted, could not be viewed as having been under the jurisdiction of the Defendant as successful, the Defendant had the intention of defraudation at least at least.

must be viewed.

2) Sentencing is unfair.

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