Defendant

C, D and prosecutor's appeals are all dismissed.

Summary of Grounds for Appeal

Defendant

C, D (M/D’s factual errors and misapprehension of legal principles) practically operated H (hereinafter “H”) and T, etc. Of the company’s trade names, the “stock company” was omitted. Even if P, in form, lent KRW 233,2330,000 to H and E with each loan of KRW 55,00,000,000,000 to H, Defendant C/the representative director of P’s financial management, and Defendant D, the representative director of P, paid the above money with the awareness that P would have repaid P’s obligations for T, etc.

Therefore, Defendant C and D cannot be deemed to have lent P’s funds to H or E with the intent to gain profits, and such lending resulted in property damage to P.

It cannot be readily concluded that the risk of property damage has occurred.

As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) due to the transfer of the project right in this case by Defendant A and B of the public prosecutor, H implemented the construction implementation project of the apartment building in Yeongdeungpo-gu, Suwon-gu, Suwon-si (hereinafter “instant implementation project”). Since E and the above Defendants agreed to transfer the whole project rights, such as the purchaser status, etc. with respect to the land for the implementation project in this case (hereinafter “instant implementation project rights”) to N free of charge, they constitute a breach of trust against H.

Defendant

In full view of the facts that the relationship A, B and E, the shareholder and employee of H, and AB take charge of accounts as N’s employee, the N’s capital increase of KRW 250 million is H, and N lends money free of charge to H and E, there is a conspiracy between the Defendant A, B and E.

Defendant

A and B lending money to N is different from H and E in relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) due to lending to E, and the other party is different from the lending name.