The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. The defendant's criminal records having more than five times in judgment are disadvantageous to the defendant.

However, the circumstances are that the Defendant led to the confession of and reflect against the crime, but half of the wages in arrears did not agree with the victimized employee before the victimized employee files a complaint against the Defendant, and the remainder did not appear on the date of the pronouncement of the original judgment (the Defendant submitted the remittance details to the court on March 29, 2018, but the Defendant submitted the same date to the court on the same day) and restored substantial damage by paying it to the damaged employee on the date of the pronouncement of the original judgment (the Defendant submitted the remittance details to the court on March 29, 2018), and the Defendant seems to suffer from the current business financing.

In full view of the aforementioned circumstances, the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable and unfair. Thus, the Defendant’s above assertion is reasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the court below's judgment. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 109(1), 36 of the Labor Standards Act (the point of not paying money or goods, such as wages, etc.), Articles 114 subparag. 1 and 17 of the Labor Standards Act (the point of not issuing a written statement clearly stating the constituent items, etc. of wages);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.