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The judgment below
The guilty part shall be reversed.
The defendant's judgment [2019 order686] Nos. 2.
Reasons
1. The lower court, among the facts charged in the instant case, rendered a judgment dismissing the prosecution on the violation of each of the Labor Standards Act and the violation of each of the Act on Guarantee of Workers' Retirement Benefits, as to the violation of the Act on Guarantee of Workers' Retirement Benefits Nos. 1, 27, 30, 31, 33, and 70 (worker B, C, D, E, F, and G) among the facts charged in the instant case, and sentenced the remainder of the facts charged.
Since the defendant and the prosecutor appealed only the guilty part, and the dismissal of the above dismissal part is separated or finalized, the dismissal of the above dismissal part shall be excluded from the scope of judgment in this court.
2. Summary of grounds for appeal;
A. The sentence of the lower court (six months of imprisonment, ten months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
3. Ex officio determination (as to the guilty part of the lower judgment), we examine ex officio prior to the judgment on the grounds for appeal by the Defendant and the prosecutor.
According to the records, on February 17, 2016, the Defendant was sentenced to two years of suspended sentence for one year of imprisonment with prison labor at the Seoul Central District Court due to the crime of giving property in breach of trust, etc., and the judgment becomes final and conclusive on March 17, 2017. On February 8, 2018, the same court was sentenced to three years of imprisonment with prison labor on September 19, 2018 due to the crime of violating the Act on External Audit of Stock Companies, etc. It can be recognized that the judgment became final and conclusive on September 19, 2018. The crime No. 61 (BV) No. 200 of the attached Table No. 2019Da686 of the lower judgment is deemed to be a concurrent crime of Article 371 of the Criminal Act with the employees BV (from February 12, 2007 to March 31, 2017) and the latter part of the judgment of the lower court on September 19, 2017.