logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.10.29 2015노2507
사기등
Text

The judgment of the court below (excluding the dismissed part) shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The lower court dismissed the prosecution on the violation of the Labor Standards Act against the victim F among the facts charged in the instant case. The Defendant appealed on the ground of unfair sentencing as to the guilty portion among the lower judgment, and the prosecutor did not appeal.

Therefore, since the court below's dismissal decision against the defendant is separated and confirmed as it is, the dismissal of public prosecution is excluded from the scope of this court's adjudication.

Ultimately, only the guilty portion of the judgment of the court below falls under the scope of this court's trial.

2. The summary of the grounds for appeal (e.g., imprisonment with labor for 10 months) of the original judgment is too unreasonable.

3. Each of the crimes of this case, each of the crimes of this case, which is determined by the defendant, shall be acquired by the victim M from the victim Q, and KRW 20 million from the victim Q as a contract price, and shall not be paid wages to workers G, H, and K, and the amount of the fraud was not so agreed with the victims of the fraud even though it is reasonable, and the damage was not recovered.

However, there are extenuating circumstances, such as the fact that the defendant recognized his mistake and divided in depth, the fact that the defendant did not want to punish the defendant, and the defendant deposited the amount equivalent to the accrued wages for the worker K, etc. in the trial by mutual consent with workers G, H and original agreement. The scope of the recommended punishment for each of the crimes of this case according to the sentencing guidelines established by the Supreme Court's sentencing guidelines established by the Supreme Court's sentencing committee, the fraudulent crime group, the general fraud type 1 (less than KRW 100 million), the special scams (in cases where the defendant intentionally committed the act of deception or the degree of deception is weak), the decision scope of the recommended area, the scope of the recommended sentencing (reduction area), the scope of the recommended sentencing (one to one year) and the final sentencing range according to the majority crime processing guidelines: for at least one month (the crime of violation of the Labor Standards Act that does not apply, only the lowest limit is applied), and the circumstances after the crime are committed.

arrow