The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of legal principles and improper sentencing)

A. The Defendant merely promised to pay a certain amount of money to E on the condition that he/she received bank loans for D containers, and thus, does not constitute a worker under the Labor Standards Act.

In contrast, the court below erred by misapprehending the legal principles on workers under the Labor Standards Act and thereby adversely affecting the conclusion of the judgment, which found E as an employee.

(b) guilty, even

Even if the court below's punishment (3 million won) is too unreasonable, it is too unreasonable.

2. Determination

A. The Defendant and the defense counsel in the judgment of the court below as to the assertion of misunderstanding of the legal principles also asserted the same as the grounds for appeal by misunderstanding the above legal principles, and the court below rejected such assertion on the grounds as stated in its reasoning. Examining the judgment of the court below in comparison with the relevant legal principles and records, the judgment of the court below which found E guilty of the facts charged of this case is just, and there is no error of law

The defendant's assertion of misapprehension of the legal principles is without merit.

B. There are extenuating circumstances, such as the fact that there are some extenuating circumstances in light of the circumstance in which the defendant did not pay wages to E, and that the defendant has no criminal record for the same kind of offense.

However, in light of the amount of unpaid wages and other circumstances, such as the Defendant’s age, sex, environment, motive for committing the crime, and circumstances after committing the crime, the lower court’s sentence that sentenced the fine is too unreasonable due to the excessive neglect of the sentence.

There is no reason to believe that the sentencing of the defendant is unfair.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.