The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is too unreasonable.

2. The lower court rendered a sentence by taking account of the unfavorable circumstances, such as the fact that the crime of failing to pay the employee’s wages causes an obstacle to the employee’s livelihood and stable livelihood security, which is highly likely to be subject to criticism, the total amount of unpaid wages reaches 62,440,000 won, the number of victimized workers reaches 14 persons, and the fact that the defense that was difficult to obtain up to the lower court’s judgment, leading a third party to the liability.

However, the Defendant recognized the crime for the first time, and agreed with 13 of the 14 victims (the victim T does not contact with the victim, but did not agree with the victim T, and a plan to pay the unpaid wage of 6.75 million won was planned).

In addition, in full view of the following factors: the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 36 of the said Act;

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

1. Article 62 (1) of the Criminal Act;

1. As seen in the determination of the grounds for sentencing under Article 62-2 of the Social Service and Criminal Act, the sentence shall be determined as per Disposition on the same grounds.