A defendant shall be punished by imprisonment for six years.

A. Public prosecutor (the judgment of the court of first instance) 1) misunderstanding of facts and misunderstanding of legal principles in the judgment of the court of first instance, the Defendant conspired with D in collusion with F Co., Ltd. (hereinafter “F”).

(2) The lower court found the Defendant guilty of embezzlement of KRW 7,262,50,00 in total amount of KRW 30 billion, including the purchase price of preemptive rights, the payment of convertible bonds, and the payment for capital increase with new stocks, and found the Defendant guilty of embezzlement of KRW 9,040,709,174 over 42 times. However, the lower court found the Defendant guilty of embezzlement of KRW 7,262,50,00 in total. However, the lower court found the Defendant guilty of embezzlement of KRW 9,00 in total amount of KRW 42 times. However, the lower court found the Defendant guilty of embezzlement of KRW 7,040,700 in total, and the Defendant merely asserted that the Defendant was used for the company, and did not submit objective materials corresponding thereto. As such, the lower court did not err by misapprehending the facts or misapprehending the legal doctrine on embezzlement. 2) The lower court’s first instance judgment against the Defendant of unfair sentencing as it is too unfair.

B. Defendant 1) 1’s embezzlement (i.e., F’s share price management and sale of preemptive rights to new shares, fees used for the success of capital increase, interest, compensation for losses, etc.) and D’s payment of the F’s capital to F’s share price management and sale of preemptive rights to new shares, fees for fund raising, interest, compensation for losses, etc. However, there was a need to manage shares to a certain extent in order to ensure the success of the sale and conversion of preemptive rights to new shares at the time, and 25 billion won capital increase, and further, the F’s opinion was rejected in the accounting audit as a listed corporation.