A. The wage details in arrears calculated by mistake of facts with F are different from the facts of daily allowances, the number of workers, and the number of working days. Even if the wage details in arrears were to be true, the Defendant paid F a total of KRW 35,000,000 to F, thereby paying the wages in arrears.

Nevertheless, the judgment of the court below which found guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The lower court’s punishment (one year of imprisonment with prison labor for four months and one year of suspended execution) is too heavy when taking into account the various circumstances of the Defendant’s unfair sentencing.

2. Determination

A. The lower court, based on the evidence duly adopted and investigated by the lower court, prepared a custody certificate stating that “The amount of overdue wages to workers F in Korea is KRW 37,692,00,000, whichever is about July 5, 2010, as the Defendant sent KRW 10,000 to F in total, shall be KRW 27,692,00,000 in total and shall be deposited into F in the account by September 30, 2010,” and that “the amount of overdue wages shall be deposited into F in the account by 27,692,000,000, which is 20,000,000 won from 20,000,0000 won from 20,000,000 won from 30,000,000,000 won from 20,000,000 won from 20,000,000 won from 20,00.