A. The Defendant did not conclude a labor contract with the victims other than E, J, K, L, M, N, etc., and they either received personnel expenses from the O Co., Ltd. or concluded a labor contract with F.

In addition, the Defendant did not violate the Labor Standards Act, since all the Defendant paid wages to those who concluded the labor contract with the Defendant.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended execution, one hundred and twenty hours of community service) is too unreasonable.

2. Determination

A. In the investigation stage of the prosecution investigation, the Defendant made a labor contract with 28 victims at the time of the original adjudication, including E, and led the said victims to the site of the Da Apartment Construction Corporation at the time of Chungcheongju, and led them to the confession that a considerable amount of wages was not paid within 14 days from the date of each retirement.

According to the evidence duly admitted and investigated by the court below, the following circumstances are revealed.

① The representative G of the D Co., Ltd., who was awarded a contract for the selection process from the O Co., Ltd., was not F but the Defendant subcontracted part of the selection process to the victims, and it was found that the Defendant delayed payment of the same wages as the initial inquiry was made at the time of the original inquiry.

G also was subject to criminal punishment for a criminal fact that the victims of this case were jointly and severally liable pursuant to Article 44(1) of the Labor Standards Act as a defendant’s direct contractor and did not pay wages equivalent to the stated wages at the time of the original adjudication.

② According to the testimony of the witness F and E of the court below, the F introduced E and L to the defendant upon the request of the defendant for the introduction of dispatch manpower from the construction site in the impulse, and the defendant introduced E and L to the defendant, and the defendant directly set wages with E, etc. and recruited the victims listed in the list of crimes Nos. 1 through 18 at the time of original adjudication.

F. The F.I.D.