The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

1. The summary of the grounds for appeal that the court below imposed on the defendant is too unreasonable (a fine of three hundred thousand won).

2. In full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the Defendant did not have any criminal record other than fines; (c) the Defendant supported the wife and three children who are the head office of the household; and (d) the instant crime did not pay KRW 1 million to the employee E of the D Co., Ltd., which is substantially operated by the Defendant within 14 days from the date of his retirement; (b) the instant case was relatively minor; (c) the aforementioned E retirement pay was paid in full; (d) the Defendant’s age, character and conduct, motive and background of the crime; and (e) other various circumstances that are conditions for sentencing as specified in the records and pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is somewhat inappropriate,

3. In 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 defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act concerning facts constituting an offense;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. Article 59 (1) of the Criminal Act of suspended sentence;