The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts does not have any overtime work, and even if the household work was performed, E shall be excluded from overtime work hours. There was an agreement between the Defendant and E to deduct the remainder of public holidays on the day of three-day, opening, snow, and drilling from the annual number of days, but E used more than two days more than the fixed number of days, the excess annual allowance paid should be deducted from the retirement allowance.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence not later than the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made

(2) The lower court found the Defendant guilty of the non-paid overtime allowance of E, retirement allowance of 4,405,714 won, retirement allowance of 79,217 won, and retirement allowance of 79,217 won, which was not paid within 14 days from April 9, 2014, in full view of other evidence duly admitted and examined in E, including the process of examining the witness of E, E, F, etc. (see, e.g., Supreme Court Decision 2006Do494, Nov. 24, 2006).

(3) In light of the overall circumstances revealed in the instant records and pleadings.