The defendant was unable to pay wages temporarily because the conditions of the company, which was operated due to the depression of the construction competition, are difficult.

Considering these circumstances, the sentence of the lower court (the amount of KRW 800,000) is too unreasonable.

2. The determination of a small amount of substitute payment system is a system that the Labor Welfare Corporation pays wages in arrears to an employee on behalf of the employer and claims reimbursement to the employer. Even if the employee received substitute payment from the Labor Welfare Corporation, it does not interfere with the establishment of a crime of violating the Labor Standards Act due to the unpaid payment of wages.

Even if workers E received wages in arrears in the Labor Welfare Corporation as alleged by the defendant, unless the defendant actually does not comply with the demand of the Labor Welfare Corporation, it cannot be evaluated that the defendant himself/herself has made a serious effort to recover damage, and even if he/she did not agree with the victim in the past.

In addition, considering the fact that there are no special circumstances or changes in circumstances that may be newly considered in sentencing in the trial of the party, and considering all the factors of sentencing as shown in the records and arguments of this case, such as the criminal history, age, sex, family relationship, motive and circumstance of the crime, etc. of the defendant, the sentencing of the court below is conducted within the reasonable scope of discretion, and thus, it cannot be deemed that the sentence of the court below against the defendant is unfair because it is too large.

Defendant’s assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.