The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal by the lower court (two million won of a fine) is too unreasonable;

The Defendant explicitly withdrawn a mistake of facts on the date of the first trial of the trial, and stated that the Defendant sought a prior action in consideration of the circumstances that could be considered in the payment of retirement allowances.

2. In light of the Defendant’s age, occupation, character and conduct, family relation, motive, means and consequence of the crime, circumstances after the crime, etc., as well as all the sentencing conditions on the records and arguments of this case, such as the Defendant’s age, occupation, personality and conduct, family relation, motive, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Reason used in the judgment below] The facts constituting a crime and the summary of evidence acknowledged by the court below, and the summary of evidence, are identical to each corresponding column of the judgment below, except for changing “1. Defendant’s partial statement” in the first instance judgment to “1. Defendant’s oral statement,” 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 of the Guarantee of Workers' Retirement Benefits for the Selection of Punishment, Article 9 of the Act and Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;