The judgment below

The guilty portion against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. The scope of the judgment in the instant case against the Defendant, which found the Defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and each occupational embezzlement, and dismissed the public prosecution against the violation of the Labor Standards Act. Since only the Defendant appealed the conviction part among the judgment below, and the dismissal part of the judgment in the judgment below becomes final and conclusive separately from the appeal period, the scope of the judgment in this case is limited to the conviction part

2. Summary of grounds for appeal;

A. With regard to the fact of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) among the facts charged in the instant case of mistake of facts, the Defendant: (a) lawfully concluded a subcontract with I (hereinafter “I”); and (b) duly paid progress payment pursuant to the subcontract; (c) there was no fact of embezzlement of the victim H’s corporate funds by means of false or excessive payment of the construction cost; and (d) the fact that the net N was the actual death of I was not known at all at the time of concluding the subcontract, there was no fact that the Defendant conspiredd for embezzlement with the network N and embezzlement.

B. The lower court’s imprisonment (three years of imprisonment) against the Defendant is too unreasonable.

3. Judgment on the assertion of mistake of facts

A. The gist of this part of the facts charged is that the Defendant is the representative director of H Co., Ltd. (hereinafter “H”) in which the G Bank holds 100% equity shares.

On December 22, 2005, the victim H received from the J District Urban Development Association (hereinafter “instant urban development association”) about 556,160 square meters of the land of approximately 556,160 square meters of K and L day (hereinafter “instant construction site”) in a residential area, etc. (hereinafter “instant urban development project”), various duties of authorization and permission and civil works related to the project that is developed as a residential area, etc. from the J District Urban Development Association (hereinafter “instant urban development project”). From the second half of 206, the above part is received as a package of supply and demand.