A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

2. In light of the judgment, the crime of this case was committed by the defendant after forging the annual salary employment contract in order to obtain unjust profits after retirement from the victim company, and then filed a lawsuit claiming the agreed amount against the victim company, and attempted to obtain a favorable judgment by deceiving the court. Therefore, the nature of the crime is very poor, and the defendant has a lot of history of punishment.

However, in light of the fact that the defendant's mistake has been divided in depth in time of the trial, and that the defendant withdraws the above lawsuit filed against the victim company (Seoul High Court Decision 2014Na2039891) and the damage to the victim company is not realized, it is judged that the sentence of the court below sentenced to the defendant is unreasonable.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the subsequent judgment is rendered as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are the same as that of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and Articles 352 and 347 (1) of the Criminal Act: The choice of imprisonment with prison labor for each of the following categories:

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including favorable circumstances, etc. set forth in the preceding sentence);