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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal was that the Defendant did not pay D the subcontractor KRW 20,00,000 for progress payment on June 2017, and KRW 3,294,50 for progress payment on July 20, 2017 by August 20, 2017, and as a result, D did not pay KRW 6,826,250 for total wages of two employees, within 14 days from the date of retirement without agreement on extension of the due date.
On the other hand, D caused a fire accident during the repair of a ship under the instant subcontract on June 20, 2017, but the Defendant paid the repair cost incurred from the instant fire accident to the repairer on August 31, 2017, and on May 4, 2018, expressed that D would offset the damage claim arising from the instant fire accident against the damage claim arising from the instant fire accident and the construction cost claim arising from the instant subcontract. On August 20, 2017, there was no justifiable reason that the Defendant could not pay the subcontract price under the instant subcontract to the Defendant.
Nevertheless, the court below acquitted the defendant. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. The lower court’s judgment: (a) the Defendant, a representative director, subcontracted part of the repair works of E to D upon contract from the owner of the ship; and (b) around 10:00 on June 20, 2017, when D was engaged in cutting work using a folder at the mother yard of the ship at the F shipbuilding yard, the fire occurred due to sprinking the fire into nearby materials; (c) damage, such as the loss of operating machinery, the ship’s wall, floor, etc.; and (d) C Co., Ltd., a corporation seeking compensation for damage equivalent to the cost of restoration to D on September 20, 2017, by taking the repair cost of KRW 107,90,000 from around that time to August 31, 2017, seeking compensation for damage equivalent to the cost of restoration to its original state against D on September 20, 2017 (C).