The judgment below

The guilty portion shall be reversed.

The punishment of the accused shall be four months by imprisonment.

except that this judgment.

1. The summary of the grounds for appeal is too unreasonable that the punishment sentenced by the court below to the defendant (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. The fact that the number of workers with overdue wages is 40,000 won and the total amount of overdue wages is more than 300,000 won, and the defendant has been punished three times prior to the same kind of crime, etc. However, considering the circumstances unfavorable to the defendant, the fact that the substitute payment was made by the Korea Labor Welfare Corporation and Labor Welfare Corporation and most workers have recovered, and that the majority of workers expressed their intent not to be punished by the defendant when the overdue wages are paid by an investigation agency, eight workers, such as A Q Q, AR, AO, X, U, Z, K, and N (total wages 28,429,361 won), such as the fact that the majority of workers expressed their intent not to be punished by the defendant, and other circumstances favorable to the defendant, such as the motive and circumstance leading up to the crime of this case, the situation before and after the crime of this case, the defendant's age, character, conduct, occupation, job, family relation, etc., the judgment of the court below is somewhat inappropriate.

3. As such, the defendant's appeal is reasonable, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.

Criminal facts

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

Application of Statutes

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the Labor Standards Act;

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances in the preceding);