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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for two years.
provided that this ruling has become final and conclusive.
Reasons
1. The lower court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in the instant case, and dismissed all the prosecution on the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act.
As to this, the part of the judgment below's conviction was dismissed separately and finally determined (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992). The scope of the judgment of this court is limited to the conviction part of the judgment below.
2. The sentencing of the lower court is too unreasonable because of the gist of the grounds for appeal.
3. It is recognized that the crime of this case is deemed that the defendant would repay the business fund if he borrowed the business fund, and that the crime of this case is obtained 500 million won from the damaged company as a loan, and that the crime is not less and less than that of this crime, and the defendant has a variety of criminal records such as being sentenced to suspended execution as a crime of fraud, and that the victim company will have suffered considerable economic damage and pain due to the crime of this case.
However, when considering the defendant's age, character and behavior, environment, motive and background, means and consequence of the crime, circumstances after the crime, relationship with the victimized company, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee, the court below's punishment is too unreasonable, and the defendant's above assertion is justified, since it is recognized that the defendant's punishment is too unreasonable. The defendant's above assertion is justified.
4. In conclusion, the defendant's appeal is reasonable, and Article 364 of the Criminal Procedure Act is reasonable.