1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is that of the lower court’s punishment (eight months of imprisonment) excessively unreasonable.

2. The crime of this case committed by the Defendant, who operates C, did not pay 82,079,50 won, including wages, to 18 workers of the company, within 14 days from the time when each of the above workers retires. The total amount of unpaid wages, etc. exceeds 80,000 won, and the number of workers who have not been paid wages exceeds 18. As such, since the social legal interests of the workers who want to be protected under the above Labor Standards Act are considerably damaged, the crime is heavy, and there are unfavorable circumstances such as the fact that the Defendant had been punished for the same kind of crime.

However, the fact that the defendant recognized all of the crimes in this case and against it, that the defendant paid a considerable portion of the unpaid wages to the trial, and that 14 of the above workers voluntarily withdrawn the complaint against the defendant, and that the defendant was unable to pay wages to the workers because he was unable to receive the work payment from the contractor after the work of the related work of the related work. Considering the favorable circumstances such as the defendant's age, character and behavior and environment, the means and result of the crime, the circumstances after the crime, etc., the punishment of the court below is somewhat inappropriate.

Therefore, the defendant's argument is justified.

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 the same as the corresponding columns of the judgment of the court below. Therefore, it is true in accordance with Article 369 of the Criminal Procedure Act.