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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the part of the lower judgment on the erroneous determination of facts or misapprehension of legal doctrine, the Defendant agreed to include monthly retirement allowances with D, and accordingly, paid monthly retirement allowances including monthly retirement allowances, the Defendant cannot be deemed to have paid retirement allowances to D.
B. The part of retirement allowance, which is the main part of the criminal facts of unfair sentencing against the defendant is not guilty, and even if the defendant is found guilty including the retirement allowance portion, the background leading up to the occurrence of the instant case, the defendant's difficult economic situation, the defendant's confession of the wage portion, and the defendant has no criminal record of the same kind, the sentence of imprisonment by the court below (2 million won) is excessively unreasonable.
2. Determination
A. 1) Determination on the assertion of mistake of facts or misapprehension of legal principles can be acknowledged based on the evidence duly admitted and examined by the lower court. A) The Defendant, as a director of C Co., Ltd. operating a telecommunications business, actually operated the said business. D was employed by the said company on December 10, 200 and retired on February 28, 2009.
B) D, while retiring from the above company, did not receive 17,431,086 won of retirement allowance from the Defendant, 1,954,020 won of January 2009 as well as 1,953,660 won of wage for February 2, 2009 as well as 1,953,660 won of wage for the above company. Meanwhile, D entered into an annual salary contract with the Defendant to receive wages by including the amount in the name of the monthly retirement allowance, which was paid from December 200 to December 208, and received the amount including the above retirement allowance as monthly wage. The amount paid from December 200 to December 208 as retirement allowance amounted to 16,694,00 won in total.
2) Determination A) If there are grounds for dispute as to the existence and scope of the obligation to pay wages, the employer has not paid wages.