All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A1) In the facts charged, Defendant AB (hereinafter “AB”) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) more than 2 times in the daily list of crimes (3) and paid KRW 2 billion as advance payment to the victim AB Co., Ltd. (hereinafter “AS”) under the actual contract for the new construction of a dormitory to AS Co., Ltd. (hereinafter “AS”) and paid KRW 2 billion. AS merely lent it to W Co., Ltd. (the first trade name: Co., Ltd. V; hereinafter “W”) and received reimbursement from W. As such, Defendant A was not embezzled by divulging advance payment, such as this part of the facts charged, but did not intend to commit a crime.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of legal principles as to the criminal intent of mistake or embezzlement.

B) The judgment of the court below that did not reduce the number of self-denunciation is unlawful, even though Defendant A could voluntarily and actively state the entire crime during the investigation process.

2) The sentencing of the lower court’s unfair sentencing (4 years of imprisonment) is too unreasonable.

B. Defendant B (a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes)] Defendant B was not a position to pursue only one company’s profit on the ground that not only M Co., Ltd. (hereinafter “M”) but also the actual one shareholder of K Co., Ltd. (hereinafter “K”) but also a position to pursue only one company’s profit. In addition, Defendant B was holding AH and AF forest with the purchase cost of at least 6.4 billion won for around 208 as of the base purchase cost.

Since it is thought that M may fully repay the loan obligation and the loan obligation to K on the basis of the financial status of M and the estimated profit of at least 10 billion won following the promotion of the industrial complex creation and sale project for AH forests and forests, etc., and that M may be able to fully repay the loan obligation and the loan obligation to K, such as this part of the charges.