The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

1. The penalty (five million won by fine) declared by the court below is too unreasonable, because of the gist of the grounds for appeal.

2. Since the Defendant subcontracted the contracted construction work, H, which the Defendant had been managing, the Defendant is jointly and severally liable with the subcontractor to pay wages to workers employed by the subcontractor.

Nevertheless, considering that the Defendant did not pay the wages within 14 days from the date of occurrence of the cause for payment of the wages, and that the unpaid wages amount to 17,015,000 won, there is a need to strictly punish the Defendant.

However, the defendant seems to have recognized all of the crimes of this case from investigative agencies to the trial.

Furthermore, the defendant did not pay wages in sequence because he did not receive the construction cost from the contractor.

However, after the fact, the contractor entered into an agreement to pay wages to the workers employed by L among subcontractors, and most of the overdue wage problems have been resolved, such as the settlement agreement between the contractor and the subcontractor.

In addition, considering the various circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, the circumstances after the crime, the punishment sentenced by the court below seems to be somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and such facts are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and each Labor Standards Act concerning the selection of punishment;