The sentence of sentence against the defendant shall be suspended.

[The defendant and his defense counsel withdrawn the argument of mistake of facts on the date of the first instance trial on the grounds of appeal] 2. The judgment of the court of first instance is the time of the crime of this case; the defendant paid the victims the total amount of the overdue wages determined in the civil case and agreed with the victims; the victims do not want to be punished; the defendant is not the employer or the actual manager of the E-stock company of this case; however, the defendant seems to be not the employer or the actual manager of the E-stock company of this case; the defendant is not only punished once as a violation of the Road Traffic Act prior to the crime of this case, but also has no other criminal record, such as the age and happiness environment of the defendant, etc., the punishment of the court below is somewhat inappropriate.

3. Accordingly, 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 well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine of five million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act for suspended sentence (Consideration of grounds for reversal);