The judgment of the court below is reversed.

The sentence against the accused shall be 5,000,000 won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal is too unreasonable that the punishment sentenced by the court below to the defendant (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. In light of the circumstances favorable to the Defendant, such as the fact that the amount of the overdue wage is not a large amount of judgment, the delayed period of more than one year, etc., which are disadvantageous to the Defendant, but it is difficult to deem that the Defendant intentionally is in arrears with wages, the fact that there was no record of punishment for the same kind of crime prior to the instant case, and the fact that the Defendant agreed with the employee F during the trial, and other circumstances favorable to the Defendant, including the motive and circumstance leading to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, occupation, occupation, family relation, etc., the punishment imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 (Selection of Fine) of the Labor Standards Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;