(영문) 대구지방법원 2017.07.13 2017노1318 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.07.13 2017노1318

배임등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The lower court rendered a sentence as above in consideration of the following circumstances: (a) the crime of breach of trust in this case is not good; (b) the amount of damage therefrom is considerable; (c) the amount of damage caused by the violation of the Labor Standards Act and the Labor Standards Act and the Act on Guarantee of Retirement Benefits for Workers reaches KRW 170 million; (d) the employee did not receive a letter of subscription; and (e) the Defendant committed each of the crimes in this case during the suspension of execution; (c) the Defendant is against the recognition of each of the crimes in this case; (d) the Defendant did not have any criminal record; (e) the Defendant did not have any criminal record; and (e) the other employees except the Labor Standards Act, AA, and Y paid a substitute payment for another employee; or (e) the amount of damage would have been paid a considerable amount of money through the auction procedure for the factory site, factory building, etc. owned by the Defendant.

In light of the above circumstances, the lower court’s consideration (in the case of the violation of the Labor Standards Act and the violation of the Guarantee of Workers’ Retirement Benefits Act, the Defendant asserted that the overdue wages, etc. were excessive to KRW 39 million, but such circumstance seems to have already been considered in most cases at the lower court), in addition to the circumstances that were considered as above, the lower court took account of the following factors: (a) as well as the fact that the employeeO, AG, and AH came to the trial on June 2017 when withdrawing the Defendant’s complaint against the Defendant; and (b) in favor of the Defendant’s failure to punish the Defendant; (c) the amount of damage to the crime of breach of trust in this case is reasonable; (d) the Defendant did not recover any particular damage up to the trial; and (e) the Defendant caused the violation of the

Other records and arguments may be known.

유사 판례

-대구지방법원 경주지원 2018.02.07 2017고정236

-서울중앙지방법원 2016.05.12 2015고단576

-청주지방법원 충주지원 2016.04.27 2015고정234

-대전지방법원 천안지원 2017.06.22 2017고정293

-서울북부지방법원 2017.03.21 2015고단1680