The part of the judgment of the court of first instance and the judgment of the court of second instance, excluding the compensation order, shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

1. Summary of grounds for appeal;

A. As to the crime under paragraph (1) of the crime of the lower judgment by Defendant 1, the Defendant did not have delivered a carpet vessel (500 tons) to the Z Co., Ltd. (hereinafter “Z”).

However, the court below's judgment that found the defendant guilty of this part of the charges on the premise that the above ship was handed over to the Z is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

(2) The sentence of the lower court (the first instance court: 6 months of imprisonment; 2 years of suspended sentence; 1 year of suspended sentence; 2 years of suspended sentence) is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. Before making ex officio judgment on the grounds for appeal by the Defendant and the prosecutor, this Court tried by combining each appeal case against the lower judgment. Each of the offenses of the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Therefore, the lower judgment cannot be exempt from all reversal.

However, despite such reasons for ex officio reversal, the defendant's allegation of mistake about the first instance court is still subject to the judgment of this court.

3. According to the evidence duly adopted and examined by the first instance court judgment as to the Defendant’s assertion of mistake of facts, the following facts are acknowledged.

(1) On October 2, 2014, the establishment of a right to collateral security was completed on October 2, 2014 with respect to one of the Kafa vessel (500 tons) (hereinafter “instant vessel”) which was constructed under a shipbuilding contract entered into with Q Q Co., Ltd. (hereinafter “ Q”), a repair company, the Defendant’s vessel operation, and the establishment of a right to collateral security (hereinafter “the instant vessel”) with respect to Q Q Q, the debtor, the adjacent mortgagee, the maximum amount of the claims, KRW 5,300,000,000.

(2) On January 6, 2015, the enforcement officer affiliated with the Gwangju District Court Yanpo District Court Yan District Court 2014No. 1414 issued a seizure on the said vessel by virtue of the original copy of the decision of seizure of the movable properties.