The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) and the statement of F and H in addition to the statement of the victim E are evidence proving the facts charged in the instant case. The court below did not render any determination on this issue. The court below's statement of G as the grounds for rejecting the credibility of the victim's statement is not reliable, and the victim won the case in a civil lawsuit concerning the claim for wage payment against the defendant. The victim was to receive a fixed amount of KRW 240,000 per month from the defendant.

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

2. Determination

A. The instant facts charged is premised on the Defendant’s agreement to pay a fixed amount of KRW 2.4 million from July 2013 to the victim.

On the other hand, the court below's witness F prepared a list of the status of the employee's salary as a general secretary and obtained the approval of the victim, and the victim appeared to have brought it to the defendant, but since the execution of the fund was directly made by the defendant, it did not regard the defendant's signature or the statement of the status of the salary approved by the defendant. However, it is thought that the defendant was approved unless there is a special order with regard to the entry that the defendant made the calculation of the I's salary and ordered the correction. When the defendant made the approval by stating the victim's salary at a fixed level, the defendant did not order the correction. However, on December 2, 2013 after the victim retired, the victim entered the victim's salary at a KRW 120,000,000,000 of the victim's salary as an allowance, and the defendant ordered the defendant to re-calculated it as an allowance.

was stated.

According to F's statement, it is doubtful that the defendant's payment of fixed pay to the victim is not allowed.

However, the burden of proof on whether the defendant and the injured person made the above agreements is the prosecutor, and the criminal facts are the criminal facts in the criminal trial.