beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the defendant is a real representative of the company D (hereinafter “instant company”), but the court below acquitted the defendant on the grounds of the testimony of G with no credibility. The court below erred in misunderstanding of facts.
2. Determination
A. In a criminal trial, the recognition of criminal facts ought to be based on strict evidence with probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such a conviction, even if there is doubt of guilt, such as the defendant’s assertion or defense is contradictory or unreasonable, it should be determined in the interests of the defendant. As such, the subject of strict proof includes all specific criminal facts written in the indictment (see, e.g., Supreme Court Decision 2012Do3722, Sept. 26, 2013).
Comprehensively taking account of the evidence duly admitted and examined by the court below, the evidence submitted by the prosecutor alone is difficult to recognize that the defendant is a substantial employer of the company of this case, and there is no other evidence to acknowledge this differently.
The prosecutor's assertion is without merit.
1) At the lower court, G knowingly testified that, if the Defendant is not a real representative of the instant company, he/she operated the instant company with knowledge of the fact that, as a joint representative, he/she and his/her children are liable for legal liability for unpaid wages, and that, the Defendant was merely an operation of the instant company, and the Defendant was merely an operation of the instant company. (2) At the lower court, E, who was working in the instant company with H’s visa, operated the business as a joint representative, decided to conduct an interview at the time of his/her entry, and received specific instructions from him/her.
G is the actual owner of the defendant.