A. Error of facts and misapprehension of the legal principle

(2) The defendant did not trade by using the relevant undisclosed information.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, additional collection) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The Defendant and the Defendant-friendlyO, as recorded in the record, operated “B” by unlisted company since 2006, and around April 2009, transferred a patent right, etc. to P Co., Ltd. (hereinafter “instant company”) as an investment in kind in order to raise business funds, and C (hereinafter “C”) acquired the above company’s shares by acquiring them.

C around that time, after becoming the largest shareholder (49.53%) of the instant company, the shares decreased to 20%, but was the largest shareholder until delisting.

The Defendant and O are the so-called practical master of the instant company and C.

(Evidence No. 548). In other words, the defendant had been registered as the representative director of the company of this case from May 25, 2009 to November 15, 2010 at the time of acquisition of the company of this case, and was registered as the inside director from March 31, 201, and was working as the vice president even after the resignation of the representative director.

(In addition, after November 16, 2010, J, the representative director of the instant company, is the defendant's O, and K, the largest creditor, has been attracting by K as well). From April 7, 2011 to October 6, 201, the defendant acted as C's representative director.

(Registration representative director was Q Q from October 2009). C had five employees in daily labor service in relation to the factory of the defendant, directors R, accounting staff S, and door-to-door.

R Directors worked for C to deal with taxes imposed on C.

C had no independent business other than the system management, and there was no other hospitalization, so it was not paid a monthly salary for employees.

(Evidence of Document No. 202). The defendant at the time.