The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that from the date of this judgment.

A. Since the misunderstanding of facts and misapprehension of legal principles, Q, and R revoked the complaint regarding the instant case around April 2012, the prosecution against the violation of the Labor Standards Act concerning the said victims should be dismissed.

In addition, in the case of this case, the defendant cannot be held liable for violation of the Labor Standards Act because there are inevitable circumstances that make it impossible to pay wages, etc. within the due date due to financial difficulties due to the failure of management.

B. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant was sentenced to five years of imprisonment on September 27, 2012 by the Busan High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc., and the judgment (Supplementary High Court 2012No95) became final and conclusive on December 13, 2012. As such, each of the crimes in the judgment of the court below, which the judgment of the court below committed prior to the final and conclusive judgment, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined at the same time in consideration of equity and cases where the above crimes are judged pursuant to Article 39 (1) of the Criminal Act. In this regard, the guilty part of the judgment of the court below cannot be maintained.

However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is examined.

3. Judgment on misconception of facts and misapprehension of legal principles

A. (1) As to the violation of the Labor Standards Act regarding J, the Defendant is the representative director of the Jung-gu Seoul Metropolitan Government G company and the actual manager of H and I.

The Defendant does not agree on the extension of the payment period and the JJ’s wages, etc. from July 6, 2010 to August 1, 2011.