A. Fact-misunderstanding and legal principles: (a) the Defendant, in a regular manner, did not hold a board of directors of the Victim E Co., Ltd. (hereinafter “victim E”) to resolve on the execution of provisional payments; (b) however, the Defendant carried out provisional payments with the consent and approval of all the directors in fact through internal due procedures in accordance with the practice of the Victim Co., Ltd.; (c) the Defendant acquired the shares of G for the purpose of defending the management rights of the Victim Co., Ltd.; and (d) there was an unexpected gift tax when the Defendant acquired the shares of G for the purpose of defending the management rights of the Victim Co., Ltd.; and (e) obtained the extension of the repayment period of the loans that exceeded KRW 5 billion of the Victim Co., Ltd., the Defendant was required to pay the said gift tax by the representative director

Although the court below found the defendant guilty of the facts charged in this case, the court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (one year of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the legal doctrine on factual mistake and misapprehension of the legal doctrine does not necessarily coincide with the understanding of the company as an independent right holder independent of the shareholders. Thus, if a shareholder or representative director arbitrarily disposes of the company’s property for private purposes, such as providing it as collateral for a third party’s financing, then he/she cannot be exempted from the liability of embezzlement regardless of whether there was a resolution of the general meeting of shareholders or the board of directors on the disposition. In the crime of embezzlement, the intent of unlawful

means an intention to dispose of the same property as that of another person's own possession in violation of his/her duties for the purpose of pursuing his/her own interest or a third party.