A. In a case where the loans exceed KRW 300 million by the resolution of the board of directors on November 22, 2012, the Defendant: (a) was aware of the fact that the appraisal corporation was required to receive a security evaluation; (b) there was no appraisal corporation capable of actually conducting the appraisal of the freezing fishery products; (c) in a case of loans of KRW 300 million or less, the real appraisal of the security was possible; and (d) in the process of conducting the loan, the Defendant did not believe only the market price report prepared and submitted by G while conducting the loan, but also conducted the instant secured loan through the process of confirming the market price traded in the national agricultural and fishery products market;

B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

2. Determination:

A. 1) Determination of the lower court as to the assertion of misunderstanding of facts was also made by the Defendant, as alleged in the above facts. The lower court, based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, comprehensively taking into account the following circumstances, the Defendant’s Defendant E Saemaul Bank of Korea (hereinafter “victim’s imprisonment without labor”).

In violation of the duties of the president of the board of directors, the victim’s safe suffered property damage equivalent to the loan of this case by executing the loan of this case. At the time, the defendant had the intention of occupational breach of trust.

The decision was determined.

A) ① If the loan amount is less than 300 million won, the victim’s own appraisal is possible, but even in such a case, there is no objective appraisal data to know the market price in accordance with the letter of credit business method [the approved trading contract, the transaction price on the register, the compensation (evaluation), the permit for the public auction contract, the certified appraisal report, the appraisal report with the official seal or seal of the broker, and the transaction contract with the official seal or other regulations or methods with the seal of the broker]; and ② the certified appraisal is to be conducted without fail.