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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.
Reasons
1. As to the assertion of mistake of facts or misapprehension of legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes
A. The summary of the facts charged is the person who actually runs the Victim F Co., Ltd. (hereinafter “F”), and around February 11, 2010, at the victim F office located in Busan-gu Busan-gu, Busan-do, the victim F, a duty to use the amount of KRW 2 billion advance payment of construction works from M Co., Ltd. for the Victim F, for the Victim F, and the victim F, a duty to take measures to recover claims, such as providing sufficient security, if part of the above funds are leased to other companies, without taking such measures, the Defendant acquired the victim F, a total of KRW 1.1 billion from P Co., Ltd. (hereinafter “P”), and a total of KRW 230 million from R Co., Ltd. (hereinafter “R”) from each other, thereby causing damage to P Co., Ltd. to a total of KRW 1.1 billion and KRW 230 million from P Co., Ltd.
B. The summary of the grounds for appeal 1) The Defendant was involved in the management of the company while holding the shares of P by November 2009, but there was no fact that P and R were involved in the management of the company after the sale of the shares of P by December 2009 to run in the election of the head of local government. 2) P and R were temporarily suffering from the financial difficulties, and they were sufficiently capable of paying the borrowed amount, and the Defendant could not be expected to be able to be able to repay the borrowed amount.
3 During the period from January 14, 2009 to February 10, 2010, the Victim FF bears each obligation of cash grant equivalent to KRW 638.6 million with respect to P, and each obligation of a considerable amount of money in cash equivalent to KRW 782.5 million with respect to R, while the Victim F, P, and R have a relationship of mutually guaranteeing the construction performed by them. The grant of funds to P and R is a decrease in the negative property.