The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. Summary of grounds for appeal;

A. Regarding misunderstanding of facts or misunderstanding of legal principles, 1) As to Parag. (1) of the facts charged, the Defendant is the victim D Co., Ltd. (hereinafter “victim company”).

(2) In relation to the facts charged, the Defendant withdrawn approximately KRW 700 million from the dismissal of the representative director of the victim company, but the Defendant was in the status of the representative director at the time of withdrawal by retroactively restoring the status of the representative director as it becomes null and void by the court’s final and conclusive judgment, and thus, the Defendant was in the status of the representative director at the time of withdrawal. As such, since the Defendant received repayment of the loan claim against the victim company as the representative director, there is no intent to acquire embezzlement.

Furthermore, the Defendant kept the above money in a separate loan with the company’s reserve, which is merely a change in the safekeeping method, and cannot be deemed as an embezzlement.

B. The lower court’s sentence (three years of imprisonment, four years of suspended execution) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The summary of the facts charged in the instant case 1) From October 8, 2012 to July 8, 2014, the Defendant was engaged in the business of managing the funds and overall business of the said company while working as the representative director of the victim company located in the following cities: (a) around June 5, 2014, the Defendant was engaged in the business of managing the funds and overall business of the said company. Around June 5, 2014, the Defendant: (b) one bank account in the name of the victim company managed by E, the representative director of another victim company, E (F) on the ground that the passbook and password connected to the said account was lost, and deposited in the said account.