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(영문) 부산고등법원 2019.06.27 2019노111
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment below

The guilty part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. Of the facts charged against the defendant, the court below found the defendant not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), which are the primary facts charged. The court below dismissed the defendant's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which are the ancillary facts charged. The defendant violated the Labor Standards Act for each worker in arrears, as stated in 1, 15, 16, 23, 27, 27, 32, 33, 39, 14, 10, 10, 10, 13, 10, 13, 16, 18, 23, 27, 14, 14, 15, 14, 14, 13, 14, 16, 17, 1, 4, 14, 7, 1.

Therefore, since only the defendant appealed against the guilty portion, the part of innocence and dismissal was separated and confirmed as the result of the appeal period, and excluded from the scope of the judgment of this court.

Therefore, the scope of the trial against the defendant is limited to the guilty part of the judgment of the court below.

3. The court below held ex officio that the defendant did not pay wages to workers in the part of the non-paid portion of the criminal facts stated in the judgment below.

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