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The defendant's appeal is dismissed.
Expenses of the original judgment and the trial shall be borne by the defendant.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding, the instant workers of this case were directly employed by F, and the Defendant was not an employer who employed them but an on-site person, and thus there is no responsibility for delayed payment of wages.
(b) The imposition of a fine of KRW 700,000 in total;
2. Determination
A. The lower court also asserted the same purport as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion and convicted the Defendant of the facts charged on the grounds stated in its reasoning.
According to the evidence duly admitted and investigated by the court below, the circumstances as stated in the judgment of the court below can be recognized. ① The defendant asserts that he was merely a person employed by F, but the defendant did not make specific arguments regarding wages and working conditions that he was paid from F. ② The defendant, in the investigative agency, was paid the construction cost [the labor cost and transportation cost of the worker who was established by F (which means the worker in this case) and the cost of service that he took place at the seat of a human resource establishment] from F if he was paid the work cost (which means the cost of the worker in this case, labor cost and transportation cost of the worker at the seat of the human resource establishment). Upon arranging the work report by the defendant, the defendant paid the construction cost to F, and the defendant paid the daily wage to the worker in the form of paying the worker in this case (34 pages of evidence record), the judgment of the court below that the defendant convicted him on the ground that he was in the position of employer in relation to the worker in this case, and there is no violation of law affecting the conclusion of the judgment like the grounds for appeal.
B. In the first instance of the judgment on the argument of sentencing, some circumstances such as the worker H received the total amount of unpaid wages as a small substitute payment, and the above H expressed his/her intent not to be punished by the Defendant, etc. are to be considered.