The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

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

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. In full view of the following factors: (a) the amount of the overdue wages of this case is not much specified; (b) the Defendant had been subject to punishment several times for the same criminal records; (c) the Defendant has led the Defendant to commit the instant crime; (d) the Defendant has made efforts to recover damage by depositing KRW 2.5 million in the court room for workers E; and (e) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment; (e) the background, means and consequence of the instant crime; (e) circumstances after the instant crime; and (e) family relationship, the Defendant’s punishment imposed by the lower court is deemed unfair, and thus, the Defendant’s wrongful argument for sentencing is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Imprisonment);

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 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of favorable circumstances among the reasons for reversal as above);