Defendant

All the appeals filed by the prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

The facts constituting a crime of misunderstanding of facts or misunderstanding of legal principles are determined by the E to make an investment after receiving a direct investment proposal from the J and invested in the J, and the Defendant merely delivered the investment funds to the J upon request by the E, and did not arrange a loan to the E., and the said investment funds was offered by the Defendant with a security loan from the Sejong Savings Bank, not a bank, even though the Defendant was working, and thus, the Defendant does not arrange an investment by taking advantage of the status as an executive officer or employee of the Han Bank.

In regard to the facts stated in the judgment, the Defendant merely invested money to the J after borrowing the said money from E, and does not arrange for the lending of E.

The sentence of unfair sentencing (eight months of imprisonment, two years of suspended execution) is too unreasonable.

It is unfair that the sentence of the court below is too unfeasible.

Judgment

Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes provides that "the executives and employees of a financial institution take advantage of their status" means a case where there is a circumstance that the lending of money, etc. which would have been impossible or difficult if they were not in the position of the executives and employees of the financial institution would be possible or easy compared to the general public.

Whether such circumstances exist or not shall be determined by the customer of the financial institution to which he belongs when he or she received a loan or uses it easily from the funds to be deposited in the financial institution to which he or she belongs, and when he or she selects a person who wants to borrow a loan or loan in physical color.