The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles: Before D (worker) retired, the Defendant transferred the ownership of four vehicles owned by the instant company to the Defendant, in lieu of the payment of wages and retirement allowances; the Defendant completed the registration of the establishment of a right to collateral security; and he/she completed the subsequent procedure after his/her retirement.

Accordingly, the defendant completed the registration of establishment of the right to collateral security before D's retirement, delivered documents necessary for the registration of ownership transfer on or around September 2016, and still occupied the vehicles. As such, the wages and retirement allowances have been paid at the time of his retirement.

It should be viewed that the claim for wages and retirement benefits has been extinguished due to the repayment of the substitute (see, e.g., Supreme Court Decision 201Do8

Even if there was an agreement to extend the payment deadline or there was no intention to do so.

B. Improper sentencing: The punishment of the lower judgment (2.5 million won) is too heavy.

2. Determination

A. In light of the following circumstances, the part 1 of the misunderstanding of the legal principles and the misunderstanding of the legal principles as to whether the claim for wages and retirement allowances has been extinguished due to the repayment of substitute goods, it is determined that there was no agreement on the repayment of substitute goods claimed by the Defendant. The above assertion by the

① According to the Defendant’s assertion, D’s registration of establishment of the right to collateral security was completed on April 4, 2016, or on the same month.

5. It was previously agreed on the repayment of substitutes before that date, which was the 25th day of the same month, or the 30th day of the same month, which was the 30th day of the retirement.

② Documents necessary for the registration of transfer of ownership have been delivered around September 2016, which was about five months after the date of agreement by the defendant, and there was no explanation by the defendant about such delay.

(3) D shall register the establishment of a right to collateral security with respect to four vehicles without any particular explanation to the lower court.