The Defendant worked from April 5, 2012 to October 7, 2012 and retired C’s total of KRW 2,516,120 in August 201 and September 7 of the same year, and did not pay KRW 4,716,120 in total, including the total of KRW 2,200,000 in August 8, 2012 and September of the same year, and did not pay KRW 4,716,120 in total within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

2. The judgment below is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. According to the records, it is obvious that the victims submitted a written withdrawal of complaint on April 3, 2013 after the institution of the prosecution of this case, and expressed their wish not to punish the defendant. Thus, the above facts charged constitute a case in which the victim expressed his wish not to prosecute a case against the victim’s explicit intent, and thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.