The defendant shall be innocent.

The sentence of the court below is too heavy.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of the facts charged is that the Defendant, who worked as the vice president of (ju)D established for the purpose of developing game software, etc., sold 1,600 shares of the said company to the victim E at KRW 100 million around January 13, 2012.

The Defendant, around March 26, 2013, issued KRW 100,00 to the victim requesting the purchase of the said shares by June 30, 2013, in that of coffee where the trade name near the office of the said company located in Gangnam-gu Seoul, could not be known.

“ .............”

However, in fact, the Defendant was in serious mind in order to raise funds for the repayment of liabilities due to the short-term loan debt amounting to KRW 400 million and the bond amounting to KRW 100 million, and the above company’s profitability aggravation was put in an imminent situation due to the above company’s profitability aggravation, and was intended to use the shares issued by the injured party for the repayment of obligations owed to the above company. Therefore, even if the above shares were transferred from the injured party, the Defendant sold the above shares and did not have any intent or ability to pay the amount equivalent to KRW 100 million within the above period.

Nevertheless, the defendant deceivings the victim as above and acquired the 1,600 shares of the city from the victim and acquired them by transfer.

B. The lower court found the instant facts charged based on the evidence submitted by the prosecutor.

(c)

1) The following facts are acknowledged according to the evidence duly adopted and examined by the lower court and the first instance court.

A) On January 13, 2012, the Defendant was in office as a director of D, and operated K. The victim’s KRW 1,600 shares of D from the Defendant around January 13, 201, KRW 100 million, and KRW 24 million.