The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the facts charged in the instant case (excluding the part not guilty in the grounds of appeal), but there is an error of misapprehending the legal principles or misapprehending the legal principles on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and the violation of the Act on the Aggravated Punishment

(1) As to the facts charged under paragraph (1) of the facts charged, ① A company I (J changed its trade name to JJ on July 19, 2010; hereinafter “J”) transferred the management right to the Defendant as the former manager of K on April 16, 2010, and the Defendant was in the position of accepting the contract terms and conditions, and was not in the position of participating in the decision to issue the instant bonds. As to the issuance of the instant bonds with warrants, the Defendant was not in the position of dealing with another person’s business in the course of occupational breach of trust, ② the exercising price of the preemptive right was not prohibited at the time of the issuance of the instant bonds with warrants, and was ordinarily used by the company’s financing limit, and the Defendant would not ultimately have been able to acquire the risks of acquiring the instant bonds with warrants by the method of acquiring the risks of acquiring the bonds with warrants.