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(영문) 청주지방법원 2018.11.16 2018노270
사기등
Text

The judgment below

The guilty part (excluding the part of the application for compensation order) shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. Scope of the judgment of this court;

A. Of the facts charged in the instant case, the lower court rendered a judgment dismissing a public prosecution against the violation of the respective labor standards for D, E, F, G, H, H, K, K, L, and M, and against the violation of the Guarantee of Workers' Retirement Benefits by each worker against D, E, E, F, H, H, I, K, K, L, and M, and convicted the Defendant and the Prosecutor of the violation of the respective labor standard laws and the Guarantee of Workers' Retirement Benefits. The lower court convicted the Defendant and the Prosecutor of the violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits. As such, the Defendant and the Prosecutor appealed the part dismissing the public prosecution only for the convicted portion, the scope of the

B. However, the court below rejected the application for compensation by the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and this part is excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible.

3. The crime of this case is a circumstance unfavorable to the defendant for the following reasons: (a) the defendant did not pay the price of the goods (drawer) despite being provided with it; or (b) by deceiving four victims as if he were to deliver the goods (drawer, ducks) and receiving down payment and deposit money by deceiving them as if he would deliver them; (c) by lending the freezing vehicle and providing it as security for obligations to others; and (d) embezzlement by providing it as security for obligations to others; and (e) the sum of wages to 54 workers and retirement allowances to 13,019,420 won is not paid for 41 workers; (b) the crime is not good in light of the number of crimes and the amount of damage amount; and (c) the defendant was punished for the same crime (violation of the Labor Standards Act, violation of the Workers' Retirement Benefit Security Act, violation of the Workers' Retirement Benefit Security Act, and embezzlement).

However, the defendant recognizes the crime of this case.

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