The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one hundred and sixty months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

2. In light of the fact that the amount of wages, etc. that the Defendant did not pay to the workers is a large amount, the necessity to punish the Defendant with strict penalty is recognized.

However, in the first instance trial, the defendant paid part of the wages in arrears to workers D, E, and F [the above workers have received part of the wages from the defendant and agreed with the defendant. However, in the crime of non-prosecution, in order to recognize that the victim expressed his/her wish not to punish or withdrawn his/her wishing to punish, the victim's true intent should be expressed in a clear and reliable manner (see, e.g., Supreme Court Decision 2001Do1809, Jun. 15, 2001). According to the records, the above workers can only be recognized as having prepared the above agreement with the purport that the above workers would confirm the unpaid amount and receive the remaining wages, etc., and it is difficult to view that the above workers have withdrawn their wish to punish the defendant], considering the fact that the defendant had no previous conviction, the amount of wages in arrears to the workers G who did not agreed until the trial of the court below, and the records and circumstances presented by the court below are somewhat unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.