The defendant's appeal is dismissed.

The summary of the grounds for appeal (unfair form of punishment) (any statement in the document submitted after the expiration of the period for submitting the grounds for appeal shall be considered to the extent that it supplements the grounds for appeal) is too unreasonable.

Judgment

In light of the fact that the total amount of the unpaid wage in this case exceeds 32 million won, and that 4 million won for each substitute payment was paid to G workers and F in the first instance, and that the application for the punishment of workers E, F, and G was submitted, however, there was no evidence to acknowledge that the Defendant actually paid wages to workers (the Defendant’s statement on the fifth trial date of the court below) and other various circumstances, which are the conditions for sentencing as shown in records and pleadings, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

(1) After the lapse of the period specified in the grounds for appeal, the Defendant’s defense counsel asserts that the Defendant is not the employer of his workers or there is no intention to pay wages. Even if ex officio examination is conducted, all of the facts charged in the instant case are found guilty according to the evidence duly adopted and examined by the lower court and the first instance court. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, as

[Judgment of the lower court’s application of Articles 109(1) and 43 of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 43 of the former Labor Standards Act; Articles 109(1) and 36 of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 109(1) of the former Labor Standards Act; Article 36 of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 25(1) of the Regulations on Criminal Procedure (amended by Act No. 15108, Nov. 28, 2017)