(영문) 대구지방법원 2014.11.06 2014노2085 | 리걸엔진

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(영문) 대구지방법원 2014.11.06 2014노2085

근로기준법위반등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts [the part on the charge of fraud, false accusation, and the violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.)] 1] The defendant was voluntarily invested in 4.85 million won from the victim D and did not deceiving D, and did not have any intent to commit fraud. The court below found the defendant guilty of this part of the facts charged is erroneous. 2) The defendant did not have any fact that he was at the time of the head of the victim G or assaulted G due to the victim's illness.

The judgment of the court below that found the defendant guilty on this part of the facts charged is erroneous.

3) Since Go Go G voluntarily withdrawn or embezzled funds without the Defendant’s instruction or consent while taking charge of the fund management of each of the instant companies, the Defendant’s accusation is not false. Nevertheless, the lower court erred by misapprehending the facts charged. However, the lower court’s judgment convicting the Defendant of this part of the charges was erroneous. The Defendant’s punishment sentenced by the lower court of unreasonable sentencing (a three-year imprisonment is too unreasonable).

2. Determination

A. According to the evidence duly adopted and examined by the court below, including the statement at the investigation agency and court of the court below as to the 1st fraud part D's misunderstanding statement, it can be sufficiently recognized that the defendant deceiving D as stated in the judgment of the court below, and received a total of KRW 41,229,00 on seven occasions between September 9, 2010 to March 23, 2012. At the time when D received the above money from D, the defendant had a debt of approximately KRW 1,00,000,000,000 from September 1, 2010 to March 23, 2012. At the time of receiving the money from D, the defendant had a debt of KRW 1,00,000,000,000 to his employees, and the defendant was unable to pay the money at time. In addition, the amount of the debt owed by the defendant, including Q, R, X, X, and T, was not paid properly.

참조조문

-폭력행위 등 처벌에 관한 법률

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