The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have employed 13 workers including D from June 25, 2015 to July 1, 2015, and did not perform a foundation construction work.

Before suspending this construction work, the Corporation directly performed the construction work by the Defendant, a corporation that received a subcontract from the Defendant (hereinafter “H”), and the wages related thereto shall be paid by H, and the Defendant does not have any obligation to pay such wages.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. According to the evidence duly examined and adopted by the lower court regarding the assertion of mistake of facts, the lower court: (a) ordered the Defendant to construct a new house on the ground of the wife-population C (hereinafter “the instant construction”) on April 28, 2015 to KRW 350 million, among the new construction works on the ground of the wife-population C (hereinafter “the instant construction works”); (b) demanded the Defendant to pay the additional construction cost on the ground that the soil bat around June 2015 came to the end of the construction work; (c) however, the Defendant refused it and suspended the construction work; and (d) on July 2, 2015, it is difficult for the Defendant to execute the construction cost as the construction cost contracted by the Defendant.

Since construction works are carried out at a lower amount than the advance payment claimed, it is difficult to proceed with the construction work due to financial reasons.

Therefore, the Defendant sent a letter of cooperation to the effect that the balance of the A facilities construction cost of KRW 27 million and the amount of additional construction cost of KRW 22.4 million and early funds at the time of the progress of the A facilities construction. ④ The Defendant notified on July 10, 2015 that H “the Defendant has no intention to resume the construction work” and then filed a lawsuit against the Defendant seeking payment of the balance of the construction work and additional construction cost on November 20, 2015; ⑤ 13 workers, including D, including 13 workers, including D, seeking payment of the balance of the construction work and additional construction cost, from June 25, 2015 to July 1, 2016.