The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) D is disputing the Defendant’s scope of and grounds for the payment of wages in arrears in light of the following: (a) around February 2014, the Defendant demanded the settlement of the amount of wages in arrears to the Defendant; (b) received written confirmation; and (c) continuously requested the payment of wages in arrears.

Even if the defendant's personal circumstance is unreasonable and there is no justifiable reason, the defendant's intention to pay wages is recognized.

Therefore, the judgment of the court below which judged otherwise is erroneous in the misapprehension of facts.

2. In full view of the evidence duly adopted and examined by the lower court, the following facts or circumstances acknowledged by the records of this case, and the facts and circumstances cited in the reasoning of the lower judgment, it was proven that there is no reasonable doubt as to the existence of unpaid wages against D.

It can not be seen that there is no reasonable doubt as to the fact that the defendant had the intention to delay the payment of wages, and that the defendant has been proved to the extent that there is no reasonable doubt

As it is difficult to see this part of the facts charged, the judgment of the court below is just, and the prosecutor's assertion of mistake is without merit.

① As recognized in the reasoning of the original adjudication, D was paid in cash in October 2014. If there was a benefit unpaid before October 2014, D was paid in advance, it would be deemed that there was no reason to receive the payment for October 2010, and even if D’s statement was made, D would have received the payment in cash as above KRW 1 million. ② D would not request the Defendant to pay the unpaid wage even after the retirement on January 2015.

(3) D shall pay wages in cash.