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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal submitted by the prosecutor, the court below found the defendant not guilty of the facts charged in this case, which affected the conclusion of the judgment, although the defendant could sufficiently recognize that he did not pay 733,30 won to workers E.
2. Determination
A. According to the health stand for the instant case, according to the evidence duly adopted and examined by the lower court, E, under employment of the Defendant, provided labor from September 6, 2012 to September 27, 2012 at D’s workplace, and the Defendant agreed to pay incentives for the opening of the mobile phone and the maintenance of contract for a specific period not exceeding KRW 1,00,000 per month (payment on the 20th day of the following month) between E and E. The fixed pay that the Defendant is to pay to E during the period of his employment is 73,330,00,000 won for fixed pay that the Defendant is to pay to E; the Defendant was 1,00,000 won on September 7, 2012; and the same month
9. Oct. 10, 100 won and 391,940 won in total, and on the 20th of the same month paid KRW 1,325,960 in terms of incentives under the four mobile phone opening contract concluded by E under the name of his/her family on the 17th of the same month. However, the opening contract was terminated by failing to pay the mobile phone fees under the above four mobile phone opening contract after E after E’s retirement. The Defendant had returned all the incentives received from his/her upper business. The Defendant failed to pay KRW 1,717,90 in fixed benefits 73,330 on the ground that the sum of the incentives already paid to E exceeds KRW 73,30 in fixed benefits to E.
B. As wages are to be paid in full to an employee, it is a principle that the employer cannot offset the employee’s wage claims with the employee’s claims. However, when the amount of wages has been paid in excess due to an error in calculation, etc., the time when the event was paid in excess, the adjustment of wages, and the substance of adjustment should not be lost.