The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. The Defendant did not pay the wages of 12 million won in total to 18 workers.

However, there was an agreement between the company owner of the instant construction project, the collective construction company, the Defendant, and workers on the payment of wages to the workers directly. At the time, the amount of the construction cost to be paid by the Defendant was more than 12 million won, which is to be paid to the workers. However, there was a dispute between the collective construction company and the Defendant, which prevents payment due to the cause of the instant crime. As such, there were circumstances that may be considered in the context of the instant crime.

The defendant can pay wages because of the seizure and collection order, which takes part of the workers as the creditor, against the claims held by the comprehensive construction company and Kimcheon-si.

When the defendant was in a trial, all the facts charged of this case were led to confession, and the defendant made a misunderstanding in depth, and reflects it.

In addition, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, the punishment sentenced by the court below is too unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fine to be suspended 2,00.