The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that there is no agreement or settlement between D and D that part of the amount should be paid as wages for D, the lower court acquitted the Defendant of this part of the charges, even if the Defendant was aware of the intention to pay the unpaid wages, in view of the fact that there is an error of misunderstanding of facts and misunderstanding of legal principles regarding the violation of the Labor Standards Act due to unpaid wages among the facts charged in the instant case, and that the employee D, working at the instant workplace, arbitrarily, transferred the amount of KRW 2 million from the Defendant’s account to the account under the name of D.

B. The sentence imposed by the court below on the defendant (the fine of 300,000 won) is too uneasible and unfair.

2. Determination

A. The lower court determined that part 1 of the allegation of mistake of facts and misapprehension of legal doctrine constituted a case where there is no proof of crime that the violation of the Labor Standards Act due to unpaid wages among the facts charged in the instant case constitutes a case where there is no proof of crime and sentenced

If there is a ground for dispute as to the existence of the obligation to pay wages, etc., it shall be deemed that there is a reasonable reason that the employer has not paid such wages, etc. Therefore, it is difficult to recognize that the employer had intention to commit a violation of Articles 36 and 109(1) of the Labor Standards Act. Whether there is any ground for dispute as to the existence and scope of the obligation to pay wages, etc. shall be determined in light of the reason for refusal of payment by the employer, the ground for such obligation, the organization and size of the company operated by the employer, all other matters such as the purpose of the business, and all other circumstances at the time of dispute as to the existence and scope of the obligation to pay wages, etc. Then