The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. (i) misunderstanding the facts - The Defendant only requested that the creditors of D Co., Ltd. (hereinafter “D”) transfer the machinery to another place and keep it in order to preserve the value of the machinery as indicated in the D’s holding that attachment was executed by the creditors of D Co., Ltd. (hereinafter “D”), and there was no fact that the machinery as indicated in the judgment was sold to J.

Nevertheless, the court below erred by misunderstanding the facts of sale and thereby adversely affecting the conclusion of the judgment.

The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

(b) Prosecutor - Improper sentencing - The above-mentioned sentence declared in the original instance is too unfluent and unfair.

2. Judgment on the assertion of mistake of facts

A. Summary of the facts charged - The Defendant is a former executive director of D in Gwangju City.

On October 28, 2010, the Defendant did not pay the price for the goods to the customer, etc. due to the shortage of the company operation funds. As to the corporeal movables owned by D, the Defendant: (a) from the E Co., Ltd., the obligee of the price for the goods; (b) seized an amount equivalent to KRW 29,99,500,000 from the F Co., Ltd., the obligee of the price for the goods; (c) seized an amount equivalent to KRW 40,000 from February 28, 2011 from the F Co., Ltd., the obligee of the price for the goods; and (d) seized an amount equivalent to KRW 17,819,831 from G, the obligee of the price for the goods, as of April 28, 2011, the Defendant arbitrarily filed an application for compulsory execution against D around June 10, 2011; and (d) exempted the obligee from selling the said goods.

Accordingly, the defendant around February 24, 201, at the 1 plant of D around February 24, 2011, the defendant I, who belongs to the Sungwon District Court, delegated the enforcement of the creditor E Company to the creditor E Company.