The judgment of the court below is reversed.

The defendant shall be innocent.

Summary of Grounds for Appeal

Defendant

The defendant, the representative director of the victim company of this case, in the facts charged in this case, has lent the funds of the victim company E company to E company, and E has obtained bank loans, the victim company's act of providing physical collateral and having joint and several sureties (excluding the joint and several sureties part of September 17, 2010) constitutes occupational breach of trust. However, the victim company has borrowed the funds by entering into a loan contract for consumption with appropriate interest rate and received full payment of interest, and the joint and several sureties part of the judgment below cannot be deemed as having caused the risk of damage. The loan and joint and several sureties part of the victim company cannot be seen as a series of acts in accordance with the business judgment, and there was no intention of breach of trust by the defendant. Therefore, the court below erred by misunderstanding of facts

The sentence (two years and six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

The prosecutor's assertion of mistake of facts: The court below acquitted the victim of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) through the free use of the manufacturing equipment of ELD among the part of the judgment below's acquittal of the reasoning, on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) through the free use of the manufacturing equipment of ELD among the facts charged in this case. However, according to the evidence submitted, the court below acquitted the victim of the charge,

The sentence (two years and six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the summary of the facts charged.