The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not more than ten months.

except that this shall not apply.

Summary of Grounds for Appeal

A. Defendant A1) misunderstanding of facts only lent the name of G so that B may be supplied with construction work upon Defendant B’s request, and the lower court found the Defendant guilty of the instant facts charged without any obligation to pay wages to the instant workers. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) The lower court’s sentencing (one million won of fine) is too unreasonable.

B. The sentencing of Defendant B (ten months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unreasonable.

Judgment

A. In full view of the following circumstances that can be recognized by the judgment of the court below and the court of the trial on the assertion of mistake of facts as to the Defendant A, namely, that: (a) A made a statement that the construction of electric installations was subcontracted to the Defendant A, a representative of G, entered into a contract with the Defendant A; (b) M who was employed as the employee of the painting equipment at the construction site of this case, made a statement that the Defendant A paid wages to his own passbook; (c) the management of Ldo personnel labor management, which is an employee, was finally decided by the Defendant A; and (c) the Defendant stated that the accounting management, such as the payment of wages, was made by the Defendant A; and (c) the Defendant should be confirmed with the detailed amount of arrears after being investigated by the investigative agency, but the fact that the Defendant is responsible for the payment of overdue wages, as stated in the facts charged, can be sufficiently recognized that the Defendant received the construction of this case jointly with the Defendant B and continued the construction.

Therefore, Defendant A’s assertion of mistake is without merit.

B. As to the Defendants’ assertion of unfair sentencing, Defendant A appears to have been involved in the crime more insignificant than Defendant B, etc.