A. Since the Defendant paid KRW 130,000 as D and daily allowances, the Defendant paid KRW 2,369,500 by settling accounts with D on August 26, 2011, and paid all unpaid wages, the lower court convicted the Defendant, in so determining, there is an error of misunderstanding of facts.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. The court below's decision on the defendant's assertion of mistake of facts is reasonable to consider that the defendant paid the amount of 160,000 won per day to D on the ground that: (a) it appears that D served as the head of the tree group or responsible person at the time and received more daily allowances than other trees; (b) it appears that wages are paid directly to the human body from large comprehensive construction on the basis of the working days and daily allowances of the human body confirmed by the defendant; (c) the wages calculated on the basis of the working days and daily allowances of D are paid to D twice; and (d) the defendant's argument that D received wages calculated on the basis of the daily allowances as alleged by the defendant without the agreement with the defendant that it is difficult to fully understand; and (e) it is reasonable to consider that D paid the amount of wages calculated on the basis of the daily allowances as alleged by the defendant to D; and (e) the wages that D should receive from the defendant was additionally paid to D on August 26, 2011; and (e) it was additionally paid to D 3600,300 million won.

On August 26, 2011, it was determined that the settlement agreement on the unpaid wages between the Defendant and D was not reached on August 26, 201, following the fact that D was not deemed to have received any wage from the F of the Grand Integrated Construction Co., Ltd. at the time.

Examining the above judgment of the court below in comparison with records, the judgment of the court below is just, and there is an error of law by mistake of facts as alleged by the defendant.