A defendant shall be punished by imprisonment for six months.

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

2. The following facts are that the Defendant’s 10 workers in arrears with the total amount of wages exceeds 5,650,000 won, that workers’ damages have not been fully recovered, and that the Defendant had been punished by a fine due to an offense, such as a violation of the same kind of Labor Standards Act in 2019.

However, it appears that the defendant had the attitude of recognizing and opposing the crime of this case; the defendant expressed his intent that the above worker does not want to be punished by the defendant under the agreement with the worker D, K, I, and J; the substitute payment was made to most workers and the damage was restored to a considerable part; there was a family member to support the defendant; there was no record of criminal punishment exceeding the fine; taking into account other factors such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the court below's punishment is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

1. Of concurrent offenders, the reasons for sentencing under Article 62(1) of the Criminal Act and Article 62(2) of the Act on the Suspension of Execution of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be determined as set forth in the Disposition above.