A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

A. Although misunderstanding workers M, L,O, and N received part of the overdue wages from the company, they did not notify it to the investigation agency, and the amount of overdue wages was calculated simply by the statement of salary. The actual overdue wages to workers H were 9,950,092 won, but the wage was excessive by the above worker's assertion in excess of the amount of wages stated in the company wage ledger.

B. The sentence of the lower court’s improper sentencing (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mistake of fact, the Defendant’s company at issue, which was operating, may recognize the fact that the Plaintiff, from February 2, 2017 to July 2017, M/L, and D, from May 26, 2017, remitted part of the overdue wages to M/L to M/N, and D, from May 26, 2017.

However, the crime of violating the Labor Standards Act and the Act on the Guarantee of Retirement Benefits of Workers is established when wages and retirement allowances are not paid within 14 days from the date of retirement of the relevant worker. Thus, the defendant does not reduce the amount of delayed arrears and the amount of late payment of retirement allowances on the sole basis that the retired worker paid some overdue wages to the labor office after being genuine from the retired worker, and there is no data supporting that there was an agreement between the defendant and the relevant worker on the extension of the payment date.

2) Meanwhile, workers H filed a petition with the labor office by preparing the details of the arrears of monthly wages based on the statement of the class issued by the Co., Ltd., and on October 18, 2017, the Defendant was investigated by the Seoul Southern Branch Office of the Ministry of Labor about the arrears of wages with respect to the above workers and recognized all the details of the arrears of wages and retirement allowances claimed by H. The Defendant’s assertion that the arrears of wages and retirement allowances, based on the above statement of class and petition, are excessive.

3) Therefore, the Defendant’s assertion of mistake is without merit.

(b).