The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The judgment of the court below that convicted the Defendant of mistake of facts and misapprehension of legal principles because the Defendant agreed to pay the unpaid wages to the employee before the court below was sentenced.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. According to Article 232(1) and (3) of the Criminal Procedure Act regarding the assertion of mistake of facts and misapprehension of legal principles, cancellation of complaint in a crime subject to victim's complaint and withdrawal of declaration of wishing to punish in a crime subject to victim's complaint can only be made before the judgment of the first instance is rendered

Therefore, in a case where a complaint is revoked or a declaration of wishing to punish is withdrawn after a judgment of the court of first instance is rendered, it cannot be tried to dismiss the public prosecution under Article 327 subparagraphs 5 through 6 of the Criminal Procedure Act.

In addition, the withdrawal of the declaration of intent to revoke or punish a complaint is a legal act against the investigation agency or the court, so it should be done with the investigation agency in charge of the case of complaint and the court of the lawsuit after the prosecution.

(2) In light of the following circumstances established by the lower court’s duly admitted and investigated evidence, the lower court: (a) drafted a written agreement between the employee on December 20, 2018, stating that “the obligation has been terminated with respect to total amount of wages in arrears amounting to KRW 9,591,93,” and (b) the employee wants to receive unpaid wages at the Sung-Nam branch of the Ministry of Employment and Labor on April 13, 2018; and (c) was investigated by filing a petition to the effect that the Defendant was well aware of the circumstances in the process of trial for the crime of violating the Labor Standards Act by committing the instant crime; and (d) the said written agreement withdraws the Defendant’s declaration of intent to punish the Defendant.