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(영문) 창원지방법원 2013.05.09 2012노2425
근로기준법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The fact that the sum of money and valuables, such as wages in arrears, paid by the Defendant is about KRW 300 million, and that the Defendant did not reach an agreement with 12 of the root up to now is disadvantageous to the Defendant.

However, the crime of this case is a case where the defendant, who is a partner company of W Company, went bankrupt and the defendant delayed payment of about 440 million won of wages of W Company X et al., and the defendant submitted a written agreement and a written revocation of complaint with employees other than 12 in the court below and the court below (the public prosecution was revoked for part of the court below, and the dismissal of prosecution was dismissed for part of the court below). The defendant was not informed of his whereabouts, the defendant was not allowed to agree with 12 workers due to the worker's return to China, etc., the defendant did not have the same criminal records and fines. The defendant is currently a representative of W Company, who is the creditor of W Company and is working to normalize W Company, through consultation with W Company, etc., and the circumstances such as the defendant's character and behavior, the environment, the circumstances of the crime of this case, the result of the crime of this case, etc., and the circumstances after the crime of this case are somewhat unfair. Thus, the defendant's assertion that the above judgment below is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as that of each corresponding column of the judgment below.

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