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(영문) 부산지방법원 2017.04.18 2016노4345
근로자퇴직급여보장법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

The sentence of the court below (hereinafter referred to as 3,00,000 won) against the defendant on the summary of the grounds for appeal is too unreasonable.

Judgment

The crime of this case is that the defendant did not pay 2,2720,000 won of retirement allowance to his employee E of the D Co., Ltd. as the person in charge of his management. In light of the overdue amount, the defendant's liability is grave, and the above E's damage has not been recovered properly, and the circumstances against the defendant are recognized.

However, when the defendant made confessions of the crime in this case and made a mistake in depth, the defendant did not have any particular criminal history, and D Co. was operated by the defendant's her her her her her her 's her her her her her her her her her her her her her her her her her her her her her herscophy since it was used in brain color around October 2013, which led to the rapid aggravation of health, the defendant operated the above company as a her her her her her her her her her shescophy since the management situation at the time of the crime in this case was somewhat difficult, and the defendant was unable to pay the her her employee E's retirement allowance, and it is recognized that the her her

Therefore, the defendant's argument that the above sentencing is unfair is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to the column for the evidence, the summary of the facts charged and the evidence is identical to each corresponding column of the judgment below; and (b) thus, it is cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 of the Act applicable to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for elective Workers, and Selection of a fine;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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