The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant paid 57,500 won out of the unpaid wages of 92,420,000 won to workers, which was recognized by the lower court, and thus, the Defendant was 34,915,250 won for the unpaid wages of 34,915,250 won, and the lower court erred in calculating the amount of the unpaid wages to workers.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. The crime of violating the Labor Standards Act due to an assertion of mistake of facts is established when 14 days have elapsed from the date of retirement without an agreement on the extension of the due date. Thus, even if wages were paid after 14 days have passed from the date of retirement without an agreement on the extension of the due date (see Supreme Court Decision 98Do3822, Dec. 23, 1998). In full view of the evidence duly adopted and examined by the court below, it may be recognized that the defendant did not pay wages equivalent to 92,420,000 won to workers on February 9, 2015, which are apparent that 14 days have passed since the expiration of the working period of each worker, and thus, the fact that the defendant did not pay part of the unpaid wages to workers on February 9, 2015 (Evidence No. 9 of the record). Accordingly, the Labor Standards Act does not constitute a crime of violating the Labor Standards Act due to an unpaid wage amounting to 92,420,000.

Therefore, the defendant's above assertion is without merit.

B. The Defendant’s determination on the assertion of unfair sentencing did not pay a reasonable amount of wages to the employees, and the nature of the crime is not somewhat weak.

However, there is a favorable circumstance for the defendant, such as the fact that the defendant has not paid wages, and that the defendant seems to have paid approximately KRW 57 million out of the unpaid wages, and the age and amount of the defendant's age.