beta
Text
The judgment below
The guilty part shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for seven months and by imprisonment for six months.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts: (a) the Defendant gave a contract for the instant R remodeling work to B; (b) the Defendant was aware of whether he employed workers; and (c) the Defendant did not constitute an employer under the Labor Standards Act; and (b) the Defendant did not constitute an employer under the Labor Standards Act. (c) The sentence sentenced by the lower court of unfair sentencing (two months of imprisonment and two years of suspended sentence) is too unreasonable.
B. Defendant B (1) 1) The statement of personal delayed payment money and valuables against W and AE was prepared at will by W and E, and W and E did not actually perform the same as the written statement. The wages in arrears against W and AE do not reach the amount indicated in the facts charged. 2) The punishment (two months of imprisonment and two years of suspended execution) sentenced by the court below is too unreasonable.
B. In light of all the circumstances, including the fact that the wages, etc. for which the Defendants did not pay are 120 million won or more, and that the Defendants did not endeavor to recover from the victims’ damage, the sentence imposed by the lower court (the former sentence against Defendant A: imprisonment with labor for August and imprisonment with labor for Defendant B: 6 months) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the lower court and the first instance court’s duly adopted and investigated the Defendant’s assertion of mistake of facts, namely, ① the Defendant awarded a contract for remodeling construction work to AC (hereinafter “AC”) while operating the P Co., Ltd. (hereinafter “P”), AC subcontracted the pipe equipment construction, etc. to AAC; ② the Defendant did not pay the construction cost to AC; ② AC waived waived the R construction work around August 201; ③ AE and AAA, which was an employee of AC, were the entire management of the instant construction site from X and B.