beta
Text
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. Of the facts charged in the instant case, the lower court rendered a judgment dismissing a public prosecution against the violation of the Labor Standards Act against Workers C in the instant case No. 2017 high 39, and against the violation of the Labor Standards Act by workers D and E, and the violation of the Labor Standards Act by workers D and E, and the Guarantee of Workers’ Retirement Benefits. The Defendant appealed on the grounds of an unfair sentencing among the lower judgment, and the Prosecutor did not appeal.
Therefore, since the judgment of the court below to dismiss the prosecution against the defendant is separated and confirmed as it is, only the guilty part of the judgment below belongs to the scope of the judgment of this court.
2. The summary of the grounds for appeal (unfair sentencing) by the lower court (three years of imprisonment) is too unreasonable.
3. Determination: ① A large amount of money embezzled by the Defendant while holding office as the representative director of the victim H, and the Defendant’s embezzlement crime appears to have been the principal cause of the Defendant’s bankruptcy. ② The Defendant’s wages and retirement allowances not paid to H’s employees exceed 2 billion, and the number of the damaged employees exceeds 200,000, and the number of the damaged employees is still more than 200,000; ③ the sum of wages that the Defendant did not pay to the subcontractor’s employees by failing to pay the amount of money, exceeds KRW 100,000,000,000, which is disadvantageous to the Defendant.
However, the Defendant’s recognition of all of the instant crimes, which reflects the depth of the Defendant, ② the damage of H was considerably recovered, the substitute payment was made to the victimized workers, ③ the remaining amount of damage of the victimized workers is expected to be repaid to the bankruptcy foundation of H, Inc., and thereby, H damage in the first instance.