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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts1) The employment of G and L in the construction site of Daegu Jung-gu was not the Defendant but the O. Even if the Defendant employed the above workers, the Defendant considered that the Defendant’s act did not constitute a crime pursuant to the law and regulations by paying the O’s wages to the employees, and thus, the Defendant was acquitted. 2) The Defendant prepared and granted a written statement of direct non-performance that the Defendant may directly pay wages to the employees to R Co., Ltd., the original employer, thereby the Defendant’s obligation to pay wages to the said employees, and thus, the Defendant was acquitted.
B. Even if the Defendant was guilty of an unreasonable sentencing, the lower court’s punishment (two million won of fine) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, 1) The unpaid portion of wages at the construction site of Daegu Jung-gu, Daegu-gu, and the following circumstances acknowledged by the evidence duly examined and adopted by the court below, i.e., the Defendant Company D (hereinafter “D”) operated by the Defendant from January 7, 2009 to January 10, 2009.
) Upon receiving the request for the repair of defects from S, the company employed G and L at the construction site of the Daegu Jung-gu F apartment defect repair work site in progress. G and L were directly engaged in the work related to D's repair of defects at the construction site under the direction of S employees at the above construction site, and the Defendant also ordered and supervised the above G, etc. directly at the construction site or by wire, and the Defendant also asserted that there is no unpaid wage by depositing the amount of KRW 9.50,000 of the wages of G, etc. to theO. However, it is difficult to view that the deposit time was before the above G et al. or before the completion of the work, and that it was deposited the above amount under the name of G et al. as wages, etc., as well as that it is difficult to view that the above amount was deposited as wages of the above amount as KRW 9.550,000,000,000.