The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. When concluding a labor contract with D, the Defendant agreed to pay the monthly salary of KRW 2.1 million in addition to the monthly salary of KRW 2.2 million, and accordingly, paid KRW 2.3 million per month to D.

There was an agreement to pay a certain amount in advance with a monthly or daily allowance paid by an employer and an employee (hereinafter “an agreement to divide retirement allowances”) and accordingly, the Defendant already paid retirement allowances to D.

B. The lower court’s sentencing (the amount of KRW 500,000 of a fine) is too unreasonable.

2. Determination on the grounds for appeal

A. On April 24, 2017, the Defendant asserted the misunderstanding of facts: (a) drafted a written employment contract with D on April 24, 2017, stating that “the employee wants to bring an amount including retirement pay to KRW 2,300,000 per month; (b) the retirement allowance is not paid; and (c) it appears that the said written employment contract was made ten months after D was served; (d) there was no evidence that there was an installment agreement with D when concluding the employment contract with D on June 2016; (e) D was paid KRW 2,30,00 per month from June 24, 2016 to April 24, 2017; and (e) it is difficult to distinguish the part paid as retirement pay from the part paid as retirement allowance of KRW 2,300,000,000.”

Even if there is an agreement on the installment of the new company retirement allowance, the above agreement is null and void because it is against the mandatory law, which gives up the employee's right to claim retirement allowance in advance.

Therefore, this part of the defendant's argument is without merit.

B. The defendant claiming unfair sentencing has recovered from damage by depositing the amount of retirement allowance after the decision of the court below, the defendant has no criminal record for the same kind of crime, and the amount of retirement allowance has not been significant.