All the judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not less than two years and a fine not exceeding 1.5 million won.

The defendant above.

Summary of Grounds for Appeal

Defendant

The statement of the gist of oral argument, etc. submitted after the deadline for submitting the grounds for appeal shall be considered to the extent that it supplements the grounds for appeal.

The embezzlement part of convertible bonds owned by misunderstanding of facts D (the first instance judgment) was that the Defendant converted and disposed of the 18th convertible bonds of C Co., Ltd. (hereinafter only referred to as C) issued under the name of D’s wife E into stocks under the name of the Defendant and other names, but since prior consent was obtained from D, the actual owner of the convertible bonds, it did not constitute embezzlement of convertible bonds.

C The embezzlement part of C’s 350,000 shares (the second instance judgment) was transferred to the Defendant on September 9, 2009, at KRW 1250,000 per share to KRW 500,000,000 per share, which was transferred to the Defendant from AB, to the Defendant. As such, the Defendant is not in a position to keep 50,000 shares for AF, but is only a duty to pay KRW 1250,000,000 for the victims.

The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

The sentence of the first instance court (one year of imprisonment, and a fine of 1.5 million won) by the public prosecutor is too uncomfortable.

Before the judgment of the court below on the ground for appeal ex officio, the above-mentioned sentence against the defendant is dismissed and this court consolidateds this case. The crime of the first instance judgment against the defendant and the crime of the second instance judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the first instance judgment and the second instance judgment are no longer maintained.

However, the judgment of the court below against the defendant is reversed ex officio as above.

Even if the defendant's assertion of mistake is still subject to the judgment of this court, it is also examined.

D. Judgment on the defendant's ground of appeal for mistake of facts