However, the court below acquitted the charged facts of this case on the ground that there is no proof of crime.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in this case is an employer who employs three full-time workers as the representative director of the Dispute Resolution D, located in the second floor of the building in Ansan-si, and conducts manufacturing business.

When the Defendant worked in the foregoing workplace from June 15, 2010 to December 31, 2010, and retired workers E paid KRW 950,000,000 as wages for June 201, wage of KRW 240,000 for July of the same year, wage of KRW 400,000 for August of the same year, wage of KRW 240,000 for September of the same year, wage of KRW 2,122,00 for October of the same year, wage of KRW 240,00 for November of the same year, wage of KRW 240,00 for December of the same year, and wage of KRW 240,00 for December of the same year, without agreement between the parties on the extension of the payment date, within 14 days from the date of retirement.

B. (1) In light of the legal principles and circumstances as stated in its holding, the lower court rendered a judgment on the facts charged in this case not guilty on the ground that there is no other evidence to acknowledge it, and thus, it is difficult to believe that the E and the Defendant were in a partnership relationship, and that the E’s statement to the effect that the Defendant was a worker who provided labor in a subordinate relationship is a worker. The remaining evidence submitted by the prosecutor alone is insufficient to recognize the facts charged in this case.

Examining the evidence and records duly adopted and examined by the court below, the circumstances and judgments admitted by the court below are justified, and there is an error of law that affected the judgment by misunderstanding the facts as pointed out by the prosecutor.