beta
Text
Defendant
The appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. During the period from March 31, 2014 to June 21, 2014, the Defendant: (a) paid a total of KRW 5.3 million to employees F; and (b) KRW 600,000 to K as wages between May 9, 2014 and May 17, 2014.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 7,00,000) is too unreasonable.
2. Determination
A. The lower court’s determination as to the assertion of mistake of facts is based on the evidence duly adopted and examined, namely, the following circumstances acknowledged by the lower court: (i) the Defendant confirmed the work days from March to May, 2014, the personal seal list, and the output list submitted by the employees F at the time of undergoing an investigation by the branch office of the Daejeon Regional Labor Agency; and (ii) was based on the F 30 service period, daily allowances, and the amount of output on the said list.
Recognizing that the Defendant failed to pay the overdue wage of 42,100,000 won, such as the list of workers engaged in the E apartment civil engineering work (the statement of overdue wages) (the 19th, 178, 179th, the evidence record), and ② the Defendant confirmed the overdue wages under the lower part of the list of workers engaged in the E apartment civil works (the statement of overdue wages) on October 1, 2014, which was investigated as above, and the Defendant was found to have calculated the overdue wages of 41,90,000 won because it was clearly stated that the overdue wages of N were calculated by mistake, and the overdue wages were modified to 41,90,000 won, and with respect to F and K, the above overdue wages were not modified (the 202th, the evidence record).
The phrase “,” written name (Evidence No. 184-187) and the Defendant had already paid a total of KRW 5.9 million to workers F and K in the first instance.
Although there was a change and submission of the details of L’s financial transaction in the name of his/her dependent, the Defendant recognized that “F and K were employed through H” at the Y branch office of the Daejeon Regional Labor Office, the expenses paid to H were 500,000 won to KRW 5.5 million to KRW 6 million, and the personnel expenses of his/her husband were not paid by his/her husband.” Of the money that the Defendant paid to F, part of the money that the Defendant was withdrawn in cash and was not F and K were not M.