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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The defendant asserts that, with respect to the sentence imposed by the court below (two years of suspended sentence for one year of imprisonment) on the summary of the reasons for appeal, the defendant is too unfluened, and the prosecutor is too unfluent and unfair.
2. Determination: (a) the total amount of unpaid wages and retirement allowances in the instant case exceeds KRW 700 million; (b) the amount of wages and retirement allowances which have not been recovered due to substitute payment, etc. is at least KRW 250 million, which is unfavorable to the Defendant; (c) the Defendant recognized the instant crime; (d) the Defendant did not have any previous record except the Defendant received a summary order due to the payment of relevant wages; and (e) the Defendant did not pay wages and retirement allowances in bad faith, since the management status of the instant case becomes worse; and (e) the Defendant’s management status of the instant case has not led to the
It is not visible that the defendant made considerable efforts to pay wages and retirement allowances including the part which was dismissed at the court below, and was charged with overdue payment of about 160 workers with about 1.9 billion won of wages and retirement allowances. At the court below, it was found that the defendant had been in arrears with about 70 million won of wages and retirement allowances by expressing his intention that 101 workers do not want punishment. The fact that the court below found that 100 million won of wages and retirement allowances had been in arrears with the employees who did not agree, and even the employees who did not agree to do so have recovered from the damages of about 450 million won of paid wages and retirement allowances due to substitute payment, etc., and therefore, the unpaid wages and retirement allowances have
In full view of the circumstances favorable to the defendant, such as the age, sex, and environment of the defendant, and all the conditions of sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is not too heavy or less appropriate.
3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.