A. Since there is no fact that the defendant has accumulated 200,000 won per month deducted from the wages of workers F, the defendant does not have a duty to pay a total of 2.6 million won for about 13 months as stated in the facts constituting the crime in the judgment below.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the original judgment and the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts: ① From the investigative agency to the court below, the F and C agreed to receive 200,000 won per month after deducting 200,000 won from the wages that they would receive from the Defendant and received in a lump sum, and consistently stated that the Defendant actually received 2,40,000 won from the Defendant at once. ② In fact, the Defendant paid 2,40,000 won to F and C separately from the six-month wage on June 13, 2013. ③ The Defendant asserted that the aforementioned 2,40,000 won was an interim settlement of F and C retirement allowance for F and C, but there is no evidence to support that the Defendant agreed to pay 2,400,000 won in advance, even if it was difficult to say that there was no special agreement between the Defendant and F and C, under the empirical rule-based provision of the Labor Standards Act.

except in the laws or regulations; or