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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than two months.
except that from the date of this judgment.
Reasons
1. Summary of grounds for appeal;
A. Since misunderstanding of facts B managed I's own money employed by the workers, the Defendant merely used the amount of money to receive living expenses from B, employment and payment of wages to the workers is also responsible for B, and the Defendant is not responsible for it.
Nevertheless, the court below found the defendant guilty by erroneous finding the facts and sentenced the defendant guilty.
B. The lower court’s sentence on the Defendant of unreasonable sentencing (two years of the suspended sentence on two months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, it is reasonable to view that the Defendant is in the position of the employer liable for wage payment in relation to D, AC and T.
Therefore, the defendant's assertion of mistake is without merit.
1) The employee F appeared as a witness in the court of original instance and stated to the effect that “the defendant was a general manager at the site, and was employed by the introduction of E, and that all R, S, and T were employed by the defendant,” “labor contract was prepared by the defendant and the defendant, and the employment period, wages, working conditions, etc., which are the core contents of labor contract, were talked with E,” and “the defendant was instructed by the defendant at the time of engaging in work at the site.” 2) The employee E was present as a witness in the court of original instance and entered the court of original instance to the effect that “at the time of working at the site, he entered the court of original instance, and changed the framework to the concept of wage calculation to the concept of wage calculation by talking with the defendant and the site at the time of general secretary,” and “D was working at the office of the defendant and the site, and changed the method of wage calculation to the concept of wage calculation to the defendant and the site, and L, N,O, and I.