The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the judgment of the court below which acquitted the Defendant of all the facts charged and adversely affected the conclusion of the judgment, even though the Defendant was found to have failed to pay the E’s wages of KRW 22,200,000 and KRW 13,200,000 and KRW 2,081,117 within 14 days from the date of each retirement as stated in the facts charged in the instant case.

2. The burden of proof for the crime prosecuted in a criminal trial shall be borne by the public prosecutor, and the conviction shall be based on evidence with probative value sufficient to confident the judge that the facts charged are true beyond a reasonable doubt. If there is no evidence to establish such a degree of conviction, even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000). The lower court: (1) The lower court calculated the most favorable calculation method for the defendant (in cases where only KRW 70,90,000,000,000 were paid for each month from August 2008 to August 201, 201, and only KRW 22,200,000,000,000 won were paid for each month from August 1, 2008 to August 37, 2011 to KRW 30,000 (30,000,00 won) in each month).

The amount of unpaid wages can be less than the amount stated in the facts charged (Evidence No. 182 of the evidence record) as stated in the statement, and ② E, while making a statement about the other party to the labor contract, made the first defendant oral determination.

Then, (Evidence No. 6 through 12 of the evidence record), H were made verbally.

The statement was made (Evidence No. 15) and the prosecution was made orally with H, and the defendant was not present at the time.