The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The chief of the office of a certified judicial scrivener in charge of mistake of facts led all activities related to the increase of capital, and the defendant did not have the awareness of intention or illegality of the disguised payment of shares.

Nevertheless, the lower court found the Defendant guilty on the ground that it erred and convicted the Defendant.

B. The sentence imposed by the court below on the defendant (two years of suspended sentence in August) is too unreasonable.

2. Determination

A. The following circumstances acknowledged in accordance with the evidence duly adopted and examined at the lower court and the lower court’s trial on the assertion of mistake of facts: (i) prior to the capital increase in this case, the agreement between the Defendant and G on July 11, 2011 (No. 319 of the Investigation Record) stating that “a fund is raised through the sale of increased shares”; and (ii) the price of KRW 940,000,000 temporarily used for capital increase shall be accounts as a result of G of Co., Ltd. (hereinafter “D”); (iii) there was an agreement between the Defendant and G on “the fund raising through the capital increase or the sale of increased shares through a provisional payment method,” and accordingly, the crime in this case may be deemed to have been committed; (ii) the Defendant entrusted the creditor with the custody and banking business to the creditor; and (iv) the Defendant did not request the payment of the capital increase in the deposit account to the prosecutor’s office, and (iv) the Defendant did not request the payment of the capital increase in the deposit account to the creditor.