The defendant shall be punished by imprisonment with prison labor for six months for the crime of Article 1 of the decision of the court below.

A. Defendant (1) misunderstanding of facts or misunderstanding of legal principles (the part of Defendant 1 in the original judgment) cannot be deemed to have committed an unlawful acquisition intent against the Defendant, since the Defendant received 1.3 million won from the victim to the account of the Import Automobile Sales Complex I Co., Ltd. (hereinafter “I”), among which 60 million won was transferred to the Defendant, and the Defendant used the remaining 70 million won as business expenses of the said company.

(2) The lower court’s sentence of unfair sentencing (the first crime of this case: imprisonment with prison labor for 6 months, and the second crime of this case: fine of 8 million won) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. (1) Determination of the Defendant’s assertion of mistake of facts or misapprehension of legal principles is based on the evidence duly adopted and investigated by the court below, i.e., the Defendant drafted a partnership business agreement (Evidence No. 51 of the evidence record; hereinafter “instant partnership business agreement”) with H on September 28, 201, and the above business agreement distributes 45% of the shares issued by I to the Defendant, the remainder of 55% to H, and the Defendant distributes 10 million won to I on September 30, 201, and KRW 90 million to the Defendant on October 14, 201, and KRW 90 million to the end of October 14, 201, and KRW 10 million to the Defendant on September 28, 2011. Where the Defendant did not comply with the above schedule on one occasion, the above business agreement is invalid, and the Defendant’s total account number and KRW 150 million to the Defendant on one’s own account number and KRW 100 million to the victim.