The part against the defendant shall be reversed.

Defendant shall be sentenced to a fine of KRW 32,00,000 for two years and six months of imprisonment.

A. (1) On September 20, 201, Defendant (1) did not receive KRW 150 million under the pretext of receiving request from AH (in the case of a corporation for convenience, the part concerning the “stock company” among its corporate name is not stated separately) or in collusion with B and C to arrange the above loan from AI, in collusion with B and C.

The Defendant: (a) lent KRW 150 million from AI to the Defendant for investment in the development project of the Geumsan Factory Site to raise money for which B promised to invest in the development project of the aforesaid development project of the factory site; and (b) as C requires urgent money to promote the said development project, C only provided KRW 30 million out of the above KRW 100 million.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the legal doctrine as to joint principal offenders, thereby adversely affecting the conclusion of the judgment.

(B) On May 4, 2009, the Defendant did not receive KRW 30 million from a relative D to arrange a loan of KRW 300 million through the N Savings Bank. The above KRW 30 million is merely a mere loan.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous, which affected the conclusion of the judgment.

(2) The sentence imposed by the lower court on the Defendant (a fine of six years of imprisonment, a fine of 180 million won, and an additional collection of KRW 100 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. A public prosecutor’s ex officio determination following the amendment of the indictment leads to a party after remanding the case, which results in a free lending of the amount of funds in the facts charged with the arranged acceptance of funds from September 20, 201, which was subject to the judgment of the court below, from “150 million won” to “150 million won” without interest agreement.