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The judgment below
Of those, the conviction against Defendant A shall be reversed.
Defendant
A Imprisonment of two years and six months and fine of 5,000.
Reasons
1. Of the facts charged against Defendant A, the lower court dismissed the prosecution as to the violation of the Labor Standards Act with respect to workers as stated in the attached list of crimes (2) of the lower judgment, and sentenced the remainder of the facts charged, respectively.
The prosecutor did not appeal against this, and the defendant A appealed only to part of the guilty part of the judgment of the court below.
Therefore, the dismissal part of the judgment of the court below was separated from the appeal period, and it was excluded from the scope of the judgment of this court.
2. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts and misapprehension of legal principles as follows. (A) The Defendant related to credit extension (3 billion won) under the name of a major shareholder in AD is irrelevant to the loan to AD, and only used a loan of KRW 1.2 billion from AD, and it is not possible to establish a credit extension for a major shareholder, and even if the credit extension is recognized, the remainder of the credit extension exceeding KRW 1.2 billion should be excluded.
B) The Defendant with respect to extension of credit to a large shareholder (3.59 billion won) in the name of AO and breach of trust (5.65 billion won) (5.5 billion won) and breach of trust (5.65 billion won) are limited to AO (hereinafter “AO”).
As the first loan was not involved, it is impossible to establish credit extension and breach of trust for major shareholders, and the second loan was not involved in the second loan on January 30, 2012, and thus the breach of trust for this part cannot be established (the defendant claims that, from the supplement of the grounds of appeal submitted after the deadline for submitting the grounds of appeal, the amount he/she borrowed to AO regardless of the defendant among the five billion won loans that he/she borrowed to B in the first order on November 201 and the amount that he/she borrowed to 250 million won on January 30, 2012 and the amount that he/she borrowed to 250 million won on January 30, 2012 to recognize the criminal liability for the joint principal offense of breach of trust against the defendant. (C) The defendant claims that, within the scope of supplement of the grounds of appeal, the credit extension in the name of major shareholders in AS (10 billion won).