The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

However, for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In the lower court’s decision, the Defendant agreed to pay the victims, who are workers, to pay the amount in the name of the retirement allowance including the monthly salary, and paid each month in installments. In the event the agreement on the installment of the retirement allowance becomes null and void, unjust enrichment return claims equivalent to the amount paid as retirement allowance to the victims shall accrue, and the Defendant set off the above claim for return of unjust enrichment and the claim for retirement allowance of the victims. The Defendant asserted that the amount of retirement allowance equivalent to 29,902,047, which is the amount of the non-paid retirement allowance set-off among the amount of the non-paid retirement allowance stated in the instant

However, the court below erred in the misapprehension of the judgment as to whether the defendant caused a claim for return of unjust enrichment to workers in addition to the determination that the above retirement allowance installment payment agreement is invalid.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. Judgment on the omission of judgment by the defendant

A. The lower court determined that the Defendant and the defense counsel’s argument in the judgment of the lower court are as follows.

The defendant and his defense counsel paid retirement allowances to the defendant in accordance with the agreement with the "worker D, E, and F (hereinafter referred to as the "worker") for each month.

The Defendant’s money paid to workers as retirement allowance can be returned with unjust enrichment. The Defendant set off the claim for return of unjust enrichment within a certain range among the above claim for return of unjust enrichment against the employee’s retirement allowance claim.

Therefore, the Defendant’s retirement allowance amounting to KRW 29,902,047, out of the unpaid retirement allowance, constitutes the payment to workers, and thus, this part of the facts charged.