(영문) 광주지방법원 2016.01.19 2015노950 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2016.01.19 2015노950

상해등

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The guilty part of the judgment below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months and a fine of up to two million won.

The defendant above.

Reasons

1. The lower court acquitted the Defendant on the violation of the Labor Standards Act due to the failure to comply with each of the regular payment dates of wages for C, D, E, F, and G among the facts charged.

As the Defendant appealed only to the guilty portion of the lower court, the aforementioned acquittal portion was separated and finalized as it is.

Therefore, the part of the lower court’s acquittal was excluded from the scope of this Court’s trial.

2. Summary of grounds for appeal;

A. Fact-misunderstanding 1) The Defendant, as the chairperson of the Victim Mine-gun H (hereinafter “H”), used money deposited in the account under the name of H as a meal cost in the course of carrying out business. However, this is not personal use, but is used for promoting H’s business. Thus, there is no intention of embezzlement.

2) Although the Defendant paid R wages from March 1, 2011 to December 31, 2012 after deducting three premium, the Defendant paid R wages without deducting three premium. However, the total sum of three premium to be refunded from R exceeds KRW 3,356,380 on February 1, 2013 and the total sum of the three premium to be paid to R, so there is no wage to be paid to R, and thus there is no wage to be paid to R..

B. The sentence of the lower court (the imprisonment of six months and the fine of five million won, the suspended sentence of two years) is too unreasonable.

3. Determination

A. B. Prior to the judgment on the grounds for an ex officio appeal, the Prosecutor applied for changes in the indictment of violation of the Labor Standards Act due to the unpaid wages in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court below. Since the subject of the judgment at the court at the same time was changed, the judgment of the court below was no longer maintained.

However, the defendant's assertion of mistake of facts is still subject to a trial.

B. The assertion of mistake of facts.

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