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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by imprisonment for two years and fine for 2,00,000 won.
except that this shall not apply.
Reasons
1. The lower court found the Defendant guilty of violating the Labor Standards Act among the facts charged in the case No. 2017 high 176 and 176, each of the following facts: (a) Company B’s occupational embezzlement related to acquiring B (hereinafter “B”); (b) Company B’s occupational breach of trust; (c) Company B’s violation of the Labor Standards Act among the facts charged in the case No. 2018 high 110; and (d) Company C and D’s violation of the Guarantee of Workers’ Retirement Benefits Act; (b) Company E, F, G, H, I, J, J, K, L, M, and N among the facts charged in the case No. 2018 high 194; and (c) Company B’s violation of the Guarantee of Workers’ Retirement Benefits Act; (d) violation of the Labor Standards Act and violation of the Act on Guarantee of Workers’ Wage; and (e) violation of the Labor Standards in the case No. 2018 high 196.7.
As to this, the defendant appealed against the part which was found guilty, and since the prosecutor appealed against the part which was found not guilty, the part which dismissed the above public prosecution without the defendant and the prosecutor is separate from the Dog of the appeal period and excluded from the scope of the judgment of this court.
2. Summary of grounds for appeal;
A. The Defendant (unfair sentencing) and his defense counsel withdrawn the assertion of mistake of facts and misapprehension of legal principles on the fourth trial date.
The sentence of the lower court (two years of imprisonment and fine of KRW 3,00,000) is too unreasonable.
B. The prosecutor (misunderstanding of facts and misapprehension of legal principles) 1) misunderstanding of facts and misunderstanding of legal principles / [2017 high 176] / [1] A, AX, CA, CI, CJ, and B concerning occupational embezzlement under paragraph (1) of the facts charged, all of the Defendant unilaterally proceeded with B’s acquisition without the knowledge of the officer.
The board of directors passed a resolution on B acceptance in the minutes of the meeting of the board of directors of the victim S Co., Ltd. (hereinafter referred to as “S”) and the victim BJ (hereinafter referred to as “BJ”).
There is no evidence to determine, and there is no evidence.