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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 2.5 million won.
The above fine shall not be paid by the defendant.
Reasons
The lower court found the Defendant guilty of the remainder of the facts charged in relation to the part on which the Defendant paid the unpaid wage of two million won and the part on which the extension of the payment term agreed on, and found the Defendant guilty of the remaining facts charged in relation to the crime.
As to this, since only the Defendant appealed on the guilty portion of the lower court on the ground of mistake of facts and unreasonable sentencing, the not-guilty portion in the reasoning of the lower judgment, which did not appeal all the Defendant and the prosecutor, is subject to a trial in accordance with the principle of no appeal by the lower court, but has already been relieved of the object of a trial from the object of
Therefore, the scope of the judgment of this court is limited to the remainder except the acquittal part of the judgment of the court below, and the judgment of the court below on the acquittal part of the reasoning of the court below is not separately determined by the court below.
2. Summary of grounds for appeal;
A. Despite the fact-finding that the defendant's payment of overdue wages to E was 2,337,11 won, the court below erred in misunderstanding of facts that recognized overdue wages in excess of this,
B. The lower court’s sentence of unreasonable sentencing (fine 3 million won) is unreasonable on the ground that it was unreasonable.
3. The following facts are acknowledged in full view of the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mistake of facts.
The wages for which the Defendant was prosecuted to have not been paid are wages from March 2015 to December 2017. The total sum of the wages that the Defendant has to pay to E from January 1, 2015 to December 31, 2017 is KRW 69,121,504 as shown in the attached Table.
D Co., Ltd. deposits total of KRW 66,784,393 on March 13, 2018 and KRW 500,000 on April 10, 2018, as shown in attached Form (the due date extended by agreement between the parties) from January 1, 2015 to April 10, 2018.