The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding workers D, or E (hereinafter “workers of this case”) do not punish the Defendant when only the unpaid wages are paid by an investigative agency.

However, in consideration of the fact that the instant employee, even though he received unpaid wages through a substitute payment application on November 201, 2017, prior to the pronouncement of the lower judgment, he/she did not express his/her intention to punish the Defendant, the judgment dismissing the public prosecution should be sentenced.

On the contrary, the lower court erred by misapprehending the legal doctrine or misapprehending the fact.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. The injured party expressed his/her wish not to punish him/her or expressed his/her wish to punish him/her in a crime of non-violation of punishment against a mistake of facts or misapprehension of the legal doctrine

In order to be recognized, the victim’s genuine intent should be expressed in a way that enables clear and reliable testimony (see, e.g., Supreme Court Decisions 2012Do3166, Sept. 13, 2012; 2003Do4934, Jun. 25, 2004). In light of the foregoing legal doctrine, the instant case was examined, and the instant worker was not punished by the Defendant when only unpaid wages are received at an investigative agency.

The meaning of “a statement” refers to an expression of intent not to punish a defendant after receiving a wage, and on the contrary, it cannot be deemed that a final and conclusive expression of intent not to punish a defendant as a matter of course, even if there is no separate expression of intent when a wage is paid. As such, it was clearly expressed that a statement of intent not to punish a defendant under the condition suspending the payment of a wage has been made.

In addition, it cannot be seen that the instant worker was paid the unpaid wage even if it was made by means of substitute payment, etc. before the judgment of the court below is rendered.

shall be deemed to be.