The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. The Defendant, on April 29, 2016, thought that 5,300,000 won received from F, the head of the team team, was paid by F, rather than wages in arrears, and received 4,387,540 won as substitute payment from the Korea Labor Welfare Corporation, and thus, the Defendant did not have the intention to acquire substitute payment.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 2,500,000) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is the person who was a worker of the "C" of the vessel repair and processing company located in the Gyeongsung-gun, Jinnam-gun B.

As the Defendant did not receive wages from February 2016 and March 3, 2016 from the above C, the Defendant sought payment for the completed portion as well as the other employees of C, and demanded the payment for the completed portion as to D, the prime contractor, around March 2016 (hereinafter “instant demonstration”). As a result, around April 29, 2016, the Defendant received KRW 125,00,000 from the above E (ju) and received the payment for the overdue wages that were incurred in dividing them into the workers participating in the demonstration.

Nevertheless, around May 2016, the Defendant, in collusion with F, G, H, etc., the head of the work team at C, intended to obtain substitute payment, which is a system that preserves a certain portion of unpaid wages by the Korea Workers' Compensation and Welfare Service, by dividing the amount paid by the above original office, into KRW 5,300,000 equivalent to the Defendant's overdue wages of KRW 5,907,60,000, and in fact, even though the amount was 607,600, the Defendant submitted a false statement of calculating substitute payment, etc., stating as if the amount of overdue wages of KRW 4,587,514 was in arrears, through the representative of workers H, etc., and then acquired it by receiving substitute payment of KRW 3,779,940 from the Korea Workers' Compensation and Welfare Service by unlawful means, as shown in attached Table 3.

B. The lower court’s judgment.