The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 100,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. In full view of all the circumstances, including the fact that the defendant made confession and reflects at the trial of the party, that most of the unpaid retirement allowances were paid to the victim in the original trial and the trial of the party, and that the defendant did not have any criminal record exceeding the same criminal record and the suspended sentence, the punishment sentenced by the court below is unreasonable.

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, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The facts constituting an offense and the summary of evidence acknowledged by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below, except for the addition of “the Defendant’s oral statement at the trial of the court of first instance” to the summary of evidence, and thus, they are cited as it is 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;