The defendant's appeal is dismissed.

1. Reasons for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant continued to conduct the business of the Victim F (hereinafter “victim”) even after November 201, 201, and is obligated to pay wages to the representative director of the corporation regardless of whether there was a business performed by the time prior to dissolution of the corporation. Therefore, the Defendant had a wage claim against the victimized company.

2) The Defendant had the authority to dispose of the money kept as the representative director of the victimized company, and thus, cannot be recognized as unlawful acquisition intent by withdrawing USD 70,000 and appropriating it for his wage claim.

B. The sentence of the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Judgment of the misunderstanding of the facts and legal principles 1) Determination of the Defendant’s wage claim is contradictory in itself to the effect that payment of wages should be made to the representative director prior to dissolution of the corporation on the ground that the corporation was registered as the representative director, even though it did not perform his/her duties as a representative director whether the Defendant’s wage claim exists or not

This is because wage claim is paid to a worker for the provision of labor to the employer, and that there is no work performed by the worker, so there is no duty to pay for it.

In addition, there are many cases where a corporation continues to exist only formally even though there are no duties to be performed for several reasons. In such a case, there is no legal basis to regard that there is a wage claim against a non-conditionary representative director, and there is no reason to pay it unless there are special circumstances.

Some of the Dormant Corporations pay money only because they are registered as the representative, which is not paid for the lending of the name of the representative.