The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall file an appeal of innocence. The Prosecutor shall file an appeal.

The summary of the facts charged, the judgment of the court below and the grounds for appeal are as follows: Defendant A, as the representative director of the Victim F Co., Ltd. (hereinafter “victim”) from September 13, 2006 to June 28, 201, managed the Victim Company as the representative director of the Victim F Co., Ltd. (hereinafter “victim”); from July 2006 to July 1, 2006, Defendant B, as the representative director of G Co., Ltd. (hereinafter “G”), was in charge of managing and executing the said company’s funds as the financial person of the Victim Company.

In addition to the fact that Defendant A serves as the representative director of the victim company, the Defendants embezzled the funds of the victim company in the manner of paying the funds of the victim company to G, and conspired to use the funds for the operation fund of G in a voluntary manner, etc., by paying the funds of the victim company to G under the pretext of short-term loans, etc.

Accordingly, on February 25, 2009, Defendant A instructed Defendant B to transfer KRW 581,305,50 of the funds of the victim company to G for a short-term loan while keeping the funds of the victim company in the office of the victim company in the course of business. Defendant B transferred the above KRW 581,305,50 to G for a short-term loan according to Defendant A’s order, and voluntarily used them as the operating funds of G.

In addition, the Defendants conspired, from March 31, 2008 to April 11, 201, and embezzled the amount of KRW 2,505,277,070 to the G corporate account under the pretext of short-term loans, payment fees, advance payment, etc. for the victim company without the resolution of the board of directors at 76 times as shown in the attached list 1 in the crime list.