The defendant's appeal is dismissed.

1. In the summary of the grounds for appeal submitted on September 21, 2016, the defense counsel asserts that part of the aggregate amount in arrears, as recognized by the lower court, was paid to some workers in the auction procedure, and thus, the sum of wages and retirement allowances that the Defendant did not actually pay to employees, is less than that determined by the lower court.

However, there is no statement of the above argument in the statement of grounds for appeal submitted within the due deadline for submitting the statement of grounds for appeal, and the above argument is filed after the deadline for submitting the statement of grounds for appeal, and it cannot be a legitimate ground for appeal. Even if ex officio examination

The punishment of the lower court (eight months of imprisonment) is too unreasonable.

2. The circumstances are acknowledged that the Defendant, while running the restaurant business, gave rise to financial difficulties, paid wages in arrears to some workers after receiving the judgment of the court below, and paid wages in arrears to some workers during the trial, and further paid wages in arrears, and some workers paid wages in arrears, and the fact that some workers were paid wages in arrears, when all of the instant crimes were committed, and the first offender are considered.

However, the total amount of wages in arrears is very high, and the number of employees who have not paid wages is very high.

In addition, even though the Defendant committed the instant crime, he left Korea and did not return to Korea for a long time, thereby leaving the Republic of Korea for a long time. It is doubtful whether the Defendant intended to recover genuine damage.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all the sentencing conditions and punishments indicated in the records, such as the circumstances after the crime, the lower court’s punishment is to be imposed, even considering that the Defendant was additionally agreed with some workers in the appellate trial.