The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine or misunderstanding of facts on the grounds delineated below, on the grounds delineated below.

The argument was asserted.

1) The first asserted employee E received wages from the Defendant from around November 11, 2014 to October 2014, 2014, and thereafter returned the same day to the Defendant. As such, the Defendant cannot be deemed to have actually paid wages, and it is merely a creation of the appearance that the Defendant paid only in the form of the account transaction. 2) At least August 2, 2014 and September 2014, it is apparent that the Defendant did not pay wages within 14 days without the victim.

B. The sentence of the lower court that is unfair in sentencing (1.5 million won in penalty) is too unhued and unfair.

2. Determination

A. Determination of the lower court on the assertion of misunderstanding the facts and misapprehension of the legal doctrine 1) On the grounds delineated below based on the evidence duly admitted and investigated, the lower court acquitted the Defendant on the part that the wage of KRW 8,976,080 from August 8, 2014 to October 2014 of the instant facts charged was not paid within 14 days from the date of retirement, on the following grounds.

① At the time of filing a petition with the Labor Agency for the Defendant’s non-payment of wages, E did not include any content that wages were not paid from August 2014 to October 2014 in the petition.

② The Defendant, once he paid the above wage to E, borrowed KRW 9 million from E due to the difficulties of the company’s circumstances, and repaid KRW 5 million among them. The Defendant asserted that, at an investigative agency, he had stated that the above three-month wage was in arrears.

2) Article 36 of the Labor Standards Act of the relevant legal doctrine provides that when a worker dies or retires, the employer shall pay wages, compensations, and other wages within 14 days from the time when the cause for the relevant payment occurred.