The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

The summary of the grounds for appeal is as follows: (a) the Defendant did not arbitrarily use the money collected from N (hereinafter “N”) Co., Ltd. (hereinafter “N”) due to the arbitrary disposition of KRW 1.7 billion out of the funds owned by the Defendant, misunderstanding the facts of the Defendant, misunderstanding of the legal principles, and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) due to the arbitrary disposition of KRW 1.7 billion among the funds of the legal entity owned by the Defendant I; and (b) the Defendant performed the obligation owed by I to M (hereinafter “M”) and J (hereinafter “J”) with the money collected.

After that, the defendant, as a manager of the J, used the above money for the operation of the J or the repayment of the debt to the defendant by the J.

The defendant's KRW 100 million deposited to AX on March 27, 2009 is used as the title of the J's good offices for the increase of capital or I's good offices for operation.

The Defendant transferred 300 million won to the foreign exchange bank account of AY Co., Ltd. (hereinafter referred to as “AY”) on May 11, 2009 to the foreign exchange bank account of AY (hereinafter referred to as “AY”) was used by J as funds for acquiring AY.

The defendant remitted to the Japanese bank account in M on August 19, 2009 KRW 100 million and KRW 400 million remitted to BF on August 26, 2009 are repaid by I the debt he owes to M.

On August 19, 2009, the amount used by the Defendant by re-issuance of BE on August 20, 2009 as KRW 80 million out of the amount of KRW 700 million received from N was used as management funds of AY.

In addition, the defendant was entitled to exercise the right of set-off, etc. as the creditor, and there was an intention of embezzlement or an intention of unlawful acquisition.

It is difficult to see it.

Of the funds for the issuance of converted bonds owned by H, the Defendant paid KRW 1.2 billion to AY, a representative director of H (hereinafter “H”), while keeping 1.2 billion funds of H (hereinafter “H”) in the course of business, and paid KRW 700 million to J as the funds for the acquisition of capital increase.

However, the defendant on August 14, 2009.