The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. Fact-misunderstanding workers D did not perform the on-site work, which is one’s own business, from July 20, 2017, and the Defendant was under the official labor supervision of the labor authority since around that time by filing a petition with the labor authority prior to the payment date of the said D’s benefits. In such a case, since the parties reached an agreement on the extension of the payment date of the wages, the Defendant did not pay wages within the statutory period.

shall not be deemed to exist.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court acknowledged the fact that the employee D had worked in the Defendant’s company by July 31, 2017, and that the said D was not engaged in his/her original duties at the time in accordance with the company’s instruction, and therefore, D did not work until the said period.

shall not be deemed to exist.

In addition, it cannot be said that the Defendant and D have reached an agreement to extend the payment period of the wage solely based on the fact that there has been related complaints to Korea Labor Agency. Therefore, the Defendant can sufficiently recognize the fact that the Defendant did not pay wages to workers D within the statutory period.

The defendant's assertion that there was an error of mistake in fact in the judgment below is without merit.

B. As to the wrongful assertion of sentencing, the crime of this case cannot be deemed to be less than that of the Defendant’s crime in light of the amount of unpaid wages that the Defendant had not paid KRW 2.9 million to retired workers within the statutory period, and the circumstances in which the full amount of wages has not been paid until the statutory period.

However, there are special circumstances as to the extension of payment of the wage of this case as at the time of retirement by a person who provided labor to the Labor Agency on the ground of unfair dismissal immediately after the date of retirement.