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The judgment of the court below is reversed.
The sentence against the accused shall be set forth as a fine of six million won.
Defendant. A fine.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of the facts and misapprehension of the legal doctrine, the sum of wages that the Defendant did not pay to H, K, I, and J (hereinafter “H”) was proved to the extent that there is no reasonable doubt that the unpaid wages amount to KRW 12 million, as KRW 2,531,890.
It is difficult to see that there was an intentional intent that the Defendant would not pay 12 million won in total as such.
It is difficult to see it.
2) The sentence sentenced by the lower court is too unhued and unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. In full view of the following facts and circumstances, which can be acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of misunderstanding of the facts and the legal doctrine, the Defendant’s total amount of unpaid wages to H, etc. exceeds KRW 8,971,890 (each KRW 2,242,972.5) was proved to the extent that there is no reasonable doubt for deliberation.
It is difficult to see it.
This part of the Defendant’s assertion is reasonable within the scope of KRW 8,971,890 in total of the unpaid wages, and is not acceptable.
① Even if the Defendant’s calculation method of the Defendant’s assertion (i.e., from July 2016 to October 2016, including various taxes, etc., from the total amount of wages to be paid to H, etc., and according to the deduction method of the total amount of wages paid to H, etc. (including not only H, etc. but also the amount paid to other workers’O, P, and Q), the Defendant’s unpaid wages to H, etc. is at least 8,971,890 won (i.e., the total amount of wages paid to H, etc. by the Defendant (i., KRW 122,2820,00 won) = 230,00 won (which appears to have no dispute between the Defendant and H, etc.) x 534 goods (the total amount of wages paid to H, etc. on July 165, 2016, KRW 18,718,790, Jul. 16, 2016).