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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment and two years of suspended sentence) against the Defendant is too unreasonable.
2. It is recognized that the total amount of unpaid wages and retirement allowances reaches KRW 340,000,000 and that most victims did not receive any letter.
However, in full view of the following circumstances: (a) the Defendant was committed by himself/herself and commits a crime against his/her depth; (b) the amount equivalent to KRW 289,00,000 out of the above amount was paid as substitute payment; (c) there are circumstances to consider the background of the crime; (d) the Defendant has no record of committing a crime of the same kind; and (e) the Defendant has no record of punishment for suspended execution; and (e) other circumstances that are conditions for sentencing, such as the Defendant’s career
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence presented by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate money or goods), and Articles 44 Subparag. 1 and 44 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);