The prosecutor's appeal is dismissed.

1. In light of various circumstances acknowledged by the records on the gist of reasons for appeal, given that an employment relationship between the Defendant and F exists between January 2, 2011 and April 2, 2011, the Defendant is obligated to pay F wages.

However, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and affected the judgment.

2. Judgment of the court below

A. According to the records, the following facts are recognized.

(1) On October 9, 2010, the Defendant (the representative of the Company E) entered into a contract for the manufacture and supply of facilities (hereinafter “instant contract”) with F (K’s actual inspection) to supply “CAGE BLNK gold-type 10 sets” (hereinafter “the instant gold-type”). As regards the method of manufacturing gold-type and the terms of payment for the price of goods, the following was determined.

Article 3 Manufacturing Method

1. Eul (K, hereinafter the same shall apply) shall be produced and supplied in accordance with the drawings approved by Gap (hereinafter the same shall apply) after designing corresponding to the specifications provided by Gap (K, E, a stock company);

(Manufactures in accordance with estimates and the contents of consultations) - at least 200 other SPM, QDC devices, and other matters of consultation,

2. B shall be installed and run during the trial run, and also up to the completion of loading;

Article IVConditions for Payment of Price

1. Advance payment: To make an advance payment for only the first class one out of the total contract amount after concluding a contract, and to conduct separate proceedings for the remaining nine categories;

2. The balance of the first balance: When there is no defect after the main gold supply.

3. The second balance: (2) When there is no defect in the start-up and start-up of the gold-type after the delivery of the gold-type, F began with the delivery of the gold-type, and supplied all of the gold-type to the Defendant on March 201, 201. Before December 201, 201, F sent back to E Co., Ltd. (hereinafter “E”) with the installation and start-up of the gold-type facilities, and made the manufacture of products using the gold-type equipment during the start-up and the start-up of March 201.

(3) On March 2, 2011, the Defendant JJ on March 2, 201.