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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for one year.
The applicant's application for compensation.
Reasons
1. Of the facts charged in the instant case, the lower court dismissed the prosecution as to the violation of the Labor Standards Act against Workers C, the violation of the Labor Standards Act against Workers D, and the violation of the Workers' Retirement Benefit Security Act, and convicted the remainder of the facts charged. The only Defendant appealed on the conviction portion of the lower judgment, and the Prosecutor’s dismissal portion was separate and finalized as it is, without filing an appeal.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
3. The judgment of the defendant did not pay a total of KRW 160 million to female workers related to the instant case, and acquired money exceeding KRW 26 million from the victim N, and disposed of the subject matter of transfer security equivalent to KRW 170 million, and thus the nature of the crime is not good. The fact that considerable amount of overdue wages, retirement allowances, and fraud damage has not been recovered, and some victims, such as the victim N, have submitted a written application for coal who want to be punished by the defendant, are disadvantageous to the defendant.
However, all of the crimes of this case are recognized by the defendant, there is no record of punishment for the same kind of crime, the court below agreed with the victim P of the crime of breach of trust, the substitute payment of 58 million won was made to workers, and part of the damage was recovered, and the court below paid 1.5 million won to workers J (the substitute payment of 3.8 million won in the court below out of the total delayed payment of 5 million won) and 3.8 million won to workers M (the total amount of delayed payment of 3.8 million won in the court below) respectively, and paid 2.8 million won in the above workers L (the total amount of overdue payment of 2.1.6 million won in the above 1 million won in the above 1.0 million won in the above 1.0 million won in the above 1.6 million won in the above 1.