The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

150,000,000 won shall be collected from the defendant.

1. Summary of grounds for appeal;

A. Fact-misunderstanding and misapprehension of legal principles that the Defendant, as stated in the facts charged, caused K to enter into a security loan agreement in the form of transfer contract for beneficial rights to benefit with respect to K and received KRW 150 million from E, but this is not related to D or the Defendant’s duties, nor can it be viewed as compensation for the performance of duties.

B. The punishment sentenced by the court below against the defendant (the imprisonment of five years, the fine of 150 million won) is too unreasonable.

2. The lower court recognized the Defendant as guilty of the instant facts charged and provided that the Defendant shall be concurrently punished by a fine of not less than two and not more than five times the amount received, pursuant to Article 5 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, with a fine of not less than 150 million won.

However, the above provision was newly established as the Act on the Aggravated Punishment, etc. of Specific Economic Crimes was amended by Act No. 9170 on December 26, 2008, and the date and time of the crime of this case is from October 5, 2007 to October 12, 2007, which was before the above provision was newly established and enforced, so the defendant shall be sentenced only to imprisonment pursuant to Article 5 (4) of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012) and the punishment of a fine pursuant to Article 5 (5) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes shall not be imposed concurrently.

Therefore, the judgment of the court below that imposed a fine on the defendant was no longer maintained.

However, despite the above reasons for ex officio reversal, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court.

3. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. "The duties of officers and employees of financial institutions" under Article 5 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes are dealt with by the officers and employees of financial institutions.