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(영문) 서울중앙지방법원 2018.12.14 2018노2361
근로자퇴직급여보장법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (one million won penalty) is too unreasonable.

Judgment

In light of the fact that the defendant has repeatedly led to the confession of the crime and there is no criminal record of the same kind or of the suspension of execution, and that the defendant deposited KRW 9,484,525 for the victim E on September 4, 2018, which was after the judgment of the court below, and the victim withdraws the lawsuit of the relevant civil case (the account books court 2017 Ghana 17133), and the damage has been recovered, the sentence of the court below is too unreasonable, and the defendant's assertion is reasonable.

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 substance of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, except for the addition of “the Defendant’s trial testimony at the second trial date (the second trial date)” to the summary of the evidence, and thus, the summary of the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 of the relevant Act on criminal facts and Article 44 subparagraph 1 and Article 9 of the Guarantee of Retirement Benefits for elective Workers;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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