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(영문) 대구지방법원 2016.09.07 2016노2488
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court, among the facts charged in the instant case, found the Defendant guilty of violating the Labor Standards Act as to the violation of the Labor Standards Act with respect to workers C, and found the remainder of the facts charged, and dismissed the public prosecution for which the prosecutor did not appeal as to the portion of the Defendant’s conviction, became final and conclusive upon the lapse of the appeal period, and thus, the lower court should be tried only for

2. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. It is recognized that the defendant made a confession of all the crimes and repents his mistake.

However, the Defendant has been punished several times due to the same type of fraud, the violation of the Labor Standards Act, etc.; the amount of damage exceeds 399 million won in total and exceeds 200 million won in actual damage; the unpaid overdue wage reaches 40 million won in total; however, the Defendant failed to recover damage; the victims have failed to agree with the lower court; and there is no change of circumstances that may otherwise determine the Defendant’s age, character and behavior, environment, motive, means and consequence of each of the instant crimes; and the scope of recommended sentencing guidelines for the enactment of the Criminal Procedure Committee by the Supreme Court, such as the circumstances after the crime, etc., should be considered, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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