The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The defendant does not pay the above fine.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant did not agree with the victim to divide the actual retirement allowance.

B. The lower court’s sentence (2 million won) is too unhued and unreasonable.

2. Determination

A. The summary of the facts charged of the instant case is that “the Defendant, as an employer of the victimized person, was working at the Defendant’s workplace from February 21, 2007 to July 27, 201, the total of KRW 6,250,00 and KRW 26,02,092 were not paid within 14 days from the date of retirement,” and the detailed statement of the facts charged is as follows (i.e., total of KRW 30,000, KRW 250, KRW 300, KRW 200, KRW 3050, KRW 200, KRW 300, KRW 200, KRW 100, KRW 500, KRW 200, KRW 50, KRW 205, KRW 10,000, KRW 50, KRW 200, KRW 305,000, KRW 16,000, KRW 50,000.

/365 days)

B. The lower court’s judgment is based on the circumstances indicated in its judgment and the Defendant and the victim.