The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. In full view of the evidence relevant to the gist of the grounds for appeal, even though the court below erred by misapprehending the facts concerning the provision of labor in a subordinate relationship to the defendant, or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.

In the trial of the court, the prosecutor maintained the part not guilty of the defendant as the primary charge, and applied for the amendment of the indictment to add the part concerning the facts constituting the "the reason why the judgment was used" as the primary charge, and this court permitted it, thereby changing the object of the trial.

As examined below, inasmuch as this Court rendered a not guilty verdict of the primary facts charged and convicted of the conjunctive facts charged, the judgment of the court below that only the previous primary facts charged can no longer be maintained.

However, despite the existence of the above reasons for ex officio destruction, the prosecutor's assertion of mistake is still subject to the judgment of this court, and this is examined.

B. The lower court’s judgment on the assertion of mistake of facts and misapprehension of the legal doctrine (main part of the facts charged) 1) based on the evidence duly adopted and investigated by the prosecutor, namely, ① all workers indicated in the crime sight list provided labor at the construction site of D Housing at Jeju through N and Q, and there is no fact that the Defendant entered into an employment contract with the Defendant, ② the Defendant paid the construction cost to N’s representative P several times in the process of the construction work, ② the collection procedure against N for the unpaid payment was conducted against N, ③ E, one of the workers, from December 16, 2015 to February 25, 2016.