All applications for compensation order filed by an applicant for compensation shall be dismissed.

A. Error of mistake 1) Victim C Co., Ltd. (hereinafter “victim C”).

The lower court found the Defendant guilty of this part of the facts charged regarding the instant apartment by allowing the victim C to set up a collateral security right of KRW 100 million with respect to the instant apartment, and thereby acquiring financial benefits equivalent to the secured value. However, the Defendant received a total of KRW 8,9710,00 from the secured party and returned a total of KRW 81,360,000 to the Kim Sung-sung and the secured party, and thus, the Defendant did not have any actual profit. 2) As to the occupational embezzlement, the Defendant was using the amount of KRW 18,00,000 out of the loans granted from the Industrial Bank of Korea on August 5, 2013 to the “X account” in the name of the victim agricultural company H Co., Ltd. (hereinafter “victim H”), and deposited KRW 48,236,000,000 out of the loans granted from one bank on September 10, 2013 to the “X account” in the name of his employee, etc.

Therefore, the defendant cannot be deemed to have embezzled by using all the withdrawals in attached Form 1 or 4 individually.

B. The sentence of the lower court on the Defendant of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts is 1) Fraud of a victim C is established when it is established when a person actively induces a person or acquires property benefits or property benefits from another person, by impliedly deceiving a person, and such act does not affect the establishment of a crime even if it has already been returned or reimbursed after the fact (see, e.g., Supreme Court Decision 85Do2748, Feb. 25, 1986). The evidence duly adopted and examined by the court below is considered as a whole.