A defendant shall be punished by imprisonment for not less than eight months.

A. Although F, out of the unpaid wages of KRW 10,50,000 against misunderstanding of facts, the amount of KRW 8 million should be deducted from S as wages for the Defendant, the lower court erred by misapprehending the fact that the said KRW 8 million was not deducted from the unpaid wage amount and thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. The summary of this part of the facts charged is that the Defendant, as the representative of H Co., Ltd. in Gumi-si M, engaged in construction business by ordinarily employing ten workers.

The Defendant has worked in the foregoing company from March 6, 2012 to July 8, 2012.

F. Wages of 5 million won for retired workers on May 2012, 500,000 won for the same year

6. Wages of five million won, and the same year.

7. The 500,000 won of wages was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment.

2) The lower court found the Defendant guilty of this part of the facts charged. 3) According to the evidence duly admitted and examined by the lower court, the lower court recognized that the Defendant was in charge of 10 million won to S in connection with the order of construction works, and that F received KRW 8 million in total from S on July 2012 on behalf of the Defendant on three occasions on behalf of the Defendant.

However, the following circumstances revealed by the evidence revealed, i.e., ① the F was paid a corporate card that can be used KRW 3 million per month as monthly salary and activity expenses from March 6, 2012 when having decided to work for the Defendant’s company. ② The F stated that at the Daegu Regional Employment and Labor Agency of the Daegu Regional Employment and Labor Agency of 2012, the Defendant was not paid KRW 100,000,000 from March 1, 2012, KRW 200,000,000 on April 2, 2012, KRW 50,000,000 on June 5, 2012, KRW 13,50,000 on July 5, 2012 (Evidence record) and the sum of the Defendant’s salary from the Prosecutor’s office was not received from the Defendant (Evidence record 284).