The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. (1) Defendant (1) did not have the intent to obtain unlawful acquisition of the Defendant by asserting a mistake of facts or a misunderstanding of legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). Therefore, the judgment of the court below which recognized the crime of occupational embezzlement as to some of the facts charged (the crime from January 25, 201 to July 25, 201) within the scope recognized as identical to the facts charged,

(2) In light of the overall circumstances of unreasonable sentencing, the lower court’s punishment of KRW 100 million is too unreasonable.

B. (1) The judgment of the court below which recognized that the defendant did not have an intention to illegally obtain the defendant as to the part of the facts charged (the crime from August 25, 2005 to December 25, 2010) by misunderstanding of facts or misunderstanding of legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

(2) Claim for misunderstanding of facts or misunderstanding of legal principles as to the registration of credit business, etc. and violation of the Act on the Protection of Finance Users (A) that Defendant lent business funds to AM Co., Ltd. (hereinafter “AM”) and received interest therefrom constitutes “credit business” under Article 2(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”).

(B) As the Defendant registered credit business under the name of another person, as if he were not an investor, even though he falls under “Investor”, the lower court erred by applying Articles 19(1)1 and 3(2)2 of the Credit Business Act to the extent that the identity of the facts charged is recognized.

(3) In light of the overall circumstances of unreasonable sentencing, the lower court’s punishment is too unjustifiable.

2. Determination

A. A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (1) The summary of this part of the facts charged is as follows.