The prosecutor's appeal is dismissed.

1. Even if there is some dispute over the working hours of C in the summary of the grounds for appeal (in fact-finding), it is evident that C was engaged in overtime work for a certain period of time, and the Defendant, however, has a comprehensive wage agreement.

In full view of the fact that the Defendant did not recognize the wage and retirement allowance of the instant facts charged on the ground that the Defendant was not five or more regular businesses, and that it cannot be readily concluded that the Defendant did not have any intent to commit a violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act solely on the basis that some of the wages and retirement allowances were paid to C, it is sufficiently recognized that the Defendant did not pay wages

2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to fully reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). In addition, in a case where the first instance court rendered a judgment not guilty of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as the examination of witness, in light of the fact that the criminal appellate court has the character as a post-trial trial even after deceiving the Defendant, and the spirit of substantial direct cross-examination under the Criminal Procedure Act, etc., the first instance court may raise probability or doubt as to the facts that

Even if it does not reach the degree of sufficient resolution of reasonable suspicion caused by the first instance trial, it is insufficient to prove the crime solely due to such circumstance.