The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that from the date of this judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, three years of suspended sentence, and community service order) of the lower court is too unreasonable.

2. The lower court determined the sentence by taking account of the circumstances leading to the instant crime, the number of employees who did not receive wages, the amount of wages in arrears, the criminal records of the Defendant including the previous convictions for the same kind of crime, the efforts and degree of damage recovery, and other factors such as the Defendant’s age, character and conduct, environment, circumstances leading to the instant crime, means and consequence, and the circumstances after the commission of the crime.

However, in light of the fact that the defendant does not want the punishment against the defendant by agreement with some workers in the appellate trial, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument is justified.

3. As the appeal by the defendant is well-grounded, the guilty part of the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the choice of imprisonment for a crime

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes Act;

1. On the same grounds as stated in the judgment of unfair sentencing on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, the sentence shall be determined as per Disposition.