The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. Unfavorable circumstances: the defendant has the same kind of power;

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

On April 27, 2017, the day before the decision of the court below was rendered, evidence was submitted to acknowledge that the Defendant paid the entire amount of the unpaid retirement benefits to the victim by means of account transfer.

In full view of all the conditions of the arguments and the sentencing indicated in the records of the instant case, including the above unfavorable circumstances, favorable circumstances, the Defendant’s age and character environment, relationship with the victim, motive means of the crime, and the circumstances after the crime, etc., it is recognized that the sentence imposed by the lower court is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each of the relevant parts of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 of the relevant Act on criminal facts and Article 44 subparagraph 1 and Article 9 of the Guarantee of Retirement Benefits for elective Workers;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing guidelines are not applicable inasmuch as various sentencing conditions are selected in the determination of the grounds for sentencing of Article 334(1) of the Criminal Procedure Act as the grounds for sentencing of the above appeal.

(1) The sentence shall be determined as ordered in full.