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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
1. The court below dismissed the prosecution against the violation of the Labor Standards Act by the victim D among the facts charged in the instant case, and convicted the remainder of the facts charged, and dismissed both the prosecutor and the defendant on the ground of unfair sentencing. Although the prosecutor stated the scope of appeal as "in whole" but the reason for appeal is obviously unfair in sentencing, even if the prosecutor's appeal was accepted, it does not affect the dismissal part of the prosecution by the court below.
Therefore, the part dismissing the prosecution by the court below was excluded from the prosecutor's appeal and decided separately.
As such, the scope of the judgment of this court shall be limited to the remaining part of the judgment of the court below, excluding the dismissal of the public prosecution which was separated and finalized as above.
2. On the summary of the reasons for appeal, the Defendant asserts that the Defendant is too unfasible to the sentence of the lower court (one year and six months of imprisonment), and that the prosecutor is too unfasible and unfair.
3. The fact that a worker who did not receive a judgment or retirement pay has reached 99 persons, and that the total amount of wages and retirement pay that the worker did not receive is large to KRW 760 million, and that the worker of the victimized person appears to have a considerable economic suffering due to the delayed payment of wages and retirement pay, and that the defendant embezzled the amount of the national pension contribution of KRW 14.9 million by arbitrarily using it as the company’s operating fund, etc., and even if the defendant did not pay the national pension contribution of KRW 85.6 million, the defendant is disadvantageous to the defendant.
However, the circumstances favorable to the defendant include the fact that a substitute payment equivalent to KRW 200 million has been made to workers, the fact that 46 workers have been smoothly agreed with and the fact that there is no record of punishment exceeding the same kind of crime and fine in the trial, etc., and the age, sex, environment, and environment of the defendant.