The judgment of the court below is reversed.

Defendant shall be punished by a fine not exceeding 1.5 million won.

The defendant does not pay the above fine.

Summary of Grounds for Appeal

Punishment (1.5 million won of fine) declared by the court below is too unreasonable.

2. Although the Defendant had been punished for the same kind of crime, he again committed the instant crime.

However, the Defendant recognized the instant crime and is against the Defendant.

The defendant did not pay 3.5 million won to damaged workers D, and the number of damaged workers and the amount of unpaid wages is relatively minor.

Damage workers received substitute payments equivalent to the unpaid wages from the Korea Labor Welfare Corporation, and the defendant returned substitute payments to the Korea Labor Welfare Corporation on February 26, 2020.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive, content, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence as ordered shall be determined by taking into account the various circumstances as examined in the judgment on the allegation of unfair sentencing prior to the grounds for sentencing under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the Defendant).