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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
except that, for one year from the date this judgment becomes final and conclusive.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for a term of six months) is too unreasonable.
2. It is recognized that the defendant not only has been punished by a fine in a total number of times, but also has the record of being punished for the same kind of crime, and that the wages and retirement allowances of eight unpaid workers amounting to a total of 9,522,780 won, etc.
However, the defendant divided his mistake, there is no history of punishment heavier than a fine, and it seems that he could not pay wages and retirement allowances to the above workers due to business depression. The above workers paid 10 million won (J 2.5 million won, I 2.1 million won, H 1.5 million won, D 2.3 million won, E 2.1 million won, L 880 million won, and M 700 won) at the court below, and substitute payment at the Korea Workers' Compensation and Welfare Service (J, I, E, L, M 3 million won, M 3 million won, W 3 million won, M 3 million won, M 3 million won, each of which was in progress with the land and buildings owned by the defendant, and some of the circumstances of the above workers, including the motive for the above workers to receive the payment of dividends, as well as the motive for the crime of this case, are found to be unfair.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.