The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The capital increase of KRW 600 million by issuing new shares of KRW 120,000 on December 27, 2007 (hereinafter “G”) was inevitable in order to lower the G’s debt ratio on the condition of the loan in the course of obtaining a loan from a new bank (hereinafter “new bank”) a stock company (hereinafter “new bank”), and as the initial plan was to prepare a plan to proceed with the capital increase by the method of acquiring the company’s own shares, but the court did not have to have to pay KRW 600,000,000,000,000,000 from the new bank (hereinafter “new bank”).

Since the capital increase in this case constitutes the acquisition of treasury shares, the payment entity of new shares is G not an existing shareholder who has acquired new shares, such as Defendant,O, and R (hereinafter “Defendant, etc.”). Accordingly, a part of cash returned by J was withdrawn, and thus, was disbursed for the repayment of the Defendant’s temporary loan for the capital increase.

As a result, although G's company's assets were not leaked, it cannot be seen as embezzlement, the judgment below convicted of this part of the facts charged, which is erroneous in the misunderstanding of facts or misunderstanding of legal principles.

B. The sentence imposed by the lower court on the Defendant (two years of imprisonment, three years of suspended execution, and 120 hours of community service order) is too unreasonable.

2. Determination

A. Where shares are acquired under another person’s name in the issuance of new shares in determining the assertion of mistake of facts and legal scenarios, only the nominal borrower who actually acquired the shares and paid the price shall be the shareholders of the actual share, and a person who merely provides the nominal lender shall not be deemed a shareholder.

and actually issued new shares by the company.