The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) while the Defendant, with the trade name of “C,” was aware of the fact that he substantially operates D, a distributor of imported high-tech products, and (b) around March 2009, the Defendant was a shareholder of the said D, who paid the investment amount of KRW 145 million to the said D.

Since then, the defendant, who is the representative director of D in the name of D, imported a large volume of trends in China, and proposed to attract investment funds and import trends in China with its investment funds. On July 12, 201, F and Investment G decided to establish H with the defendant as well as the defendant, and the defendant was to become the representative director of the above company.

On July 13, 201, the Defendant immediately imported the Chinese trend, and told F on July 13, 201, the following day to the effect that “The Defendant: (a) withdrawn KRW 100 million capital of the company from the corporate passbook and delivered it in cash to F; and (b) upon that request, the Defendant would receive an offer equivalent to KRW 100,000,000 from China, and use it in importing the Chinese trend by receiving an offer of money equivalent to KRW 100,000 from China.”

On the same day, the Defendant: (a) withdrawn KRW 100 million from the account held in the name of the victim H Corporation; and (b) deposited the said money to China through the refunder; and (c) used the money for personal use, such as living expenses, etc., during the course of the business custody for the victim company, instead of using it as the estimated income, at that time.

2. The lower court found the Defendant guilty of the instant facts charged by integrating the evidence in its judgment.

3. Judgment on the appeal by the defendant

A. The summary of the grounds for appeal (misunderstanding of facts) is as follows: D (a) the Defendant was an individual entrepreneur established by E in the name of F; and D on June 25, 2009, Co., Ltd. was established by comprehensively succeeding the said individual entrepreneur.

E, the actual representative of E, without distinguishing between before and after the incorporation of the Company, shall be the defendant of D.