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(영문) 서울중앙지방법원 2015.09.25 2015노2668
근로자퇴직급여보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the first instance court is too unreasonable;

2. The Defendant submitted a written agreement with the employee D in the first instance.

However, according to the statement of the written agreement and the statement of the defendant, from July 22, 2015, it is merely an agreement that D may cancel the agreement if D does not perform it properly, and the amount of retirement benefits paid up to the present time is not only KRW 500,000,000,000. Considering that the retirement benefits paid out on April 30, 2012 are up to KRW 25,000,000,000, the above agreement and repayment cannot be deemed to have been actually recovered from the damage of workers D, and it is difficult to consider the submission of the above agreement as a factor for sentencing that is significantly favorable to the defendant.

In full view of the details and contents of the crime, the amount of unpaid retirement allowances, and all other sentencing conditions shown in the records and arguments, including the defendant's age, character and conduct, environment, criminal records, and circumstances after the crime, the first instance sentence is too unreasonable.

Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

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