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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant: (a) paid unpaid wages (part of November 2014, the entire portion of May 2015, the entire portion of June 2016, and the entire portion of July 2016) in advance or subsequently paid the unpaid wages; and (b) calculated and paid retirement allowances in advance by adding ten percent to monthly allowances with the explicit consent of the victim.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. (1) Determination as to the mistake of fact 1) Whether the Defendant either appropriated the advance payment that the Defendant paid in advance for the wages or paid part of the unpaid wages ex post facto, or whether the Defendant paid it ex post facto, the small amount of money additionally paid where the victim needs money in addition to the regular wages, such as KRW 200,500 on February 8, 2013; KRW 43,500 on July 25, 2013; and KRW 400,500 on September 17, 2013; and KRW 400,500 on September 1
In fact, it is recognized that the defendant paid KRW 20,00 to the victim on February 8, 2013, KRW 43,000 on July 25, 2013, KRW 40,000 on September 17, 2013, KRW 50,300 on January 23, 2014, KRW 30,00 on January 29, 2014, KRW 150,000 on August 10, 2014, KRW 10,00 on September 10, 2014, KRW 10,000 on September 57, 2015, KRW 10,00 on July 21, 2015, KRW 200 on July 10, 2015, KRW 10,000 on May 26, 2015, respectively, under the name of the victim.
However, the following circumstances acknowledged based on the evidence duly adopted and investigated by the lower court and the lower court: (i) the Defendant already stated that the unpaid wage was KRW 5,320,00 in an investigation agency’s total of four months (i.e., KRW 1,430,000 for May 1, 2015, KRW 1,430,000 for KRW 1,430,000 for KRW 1,430,000 for June 2016; (ii) the amount, other than the monthly wage, is either an amount of provisional payment or ex post facto settlement; and (iii) the Defendant did not seem to have agreed upon or expressed his/her intent to appropriate it for the unpaid wage; and (iv) the amount, other than the monthly wage, was not unpaid under the Rules of the Republic of Korea from February 28, 2013 to February 20, 2016.