We reverse the judgment of the first instance court.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. As to the failure to pay wages, the Defendant did not have regularly employed E between April 7, 2014 and May 14, 2014.

E, at the request of the defendant, has tried to arrange documents, etc. of corporation D, and has used a company's office and computer and other office devices for its job-seeking activities for the above period.

Therefore, the defendant is not obliged to pay wages for the above period to E, which is not regular workers.

Nevertheless, the judgment of the court of first instance which pronounced guilty against the defendant is erroneous by misunderstanding facts and thereby affecting the conclusion of the judgment.

B. The punishment sentenced by the first instance court (the penalty amounting to KRW 1,00,000) is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts, it is reasonable to deem that E was a worker recognized by the Labor Standards Act of the Defendant, since it was not a worker recognized by E as an employee under the labor contract under the premise of a definite agreement with the Defendant during the period from April 7, 2014 to May 14, 2014.

It is difficult to readily conclude.

Therefore, the defendant's above assertion is justified.

1) As the motive of the Defendant and the Hanyang Cyber University, E had a fluorial relationship, including posters. Accordingly, between April 7, 2014 and May 14, 2014, the Defendant’s management support duties, etc. were performed in D, a company operating the Defendant.

E had not been covered by four major insurance during the above period, and was engaged in work in a different form from regular employees, such as reporting interviews to other companies and attending work in p.m.

2) E is from April 7, 2014 to May 14, 2014.