The judgment below

Among the parts on Defendant A, Defendant B, and Defendant E, each part shall be reversed.

Defendant

A shall be sentenced to four years of imprisonment;

The summary of the grounds for appeal is as follows: Defendant A did not know in advance that B or E received money from Z under the name of the transfer price for management rights of R Co., Ltd. (hereinafter “R”), and Defendant A did not acquire KRW 1.4 billion in total from Z in collusion with B or E.

The judgment of the court below that found this part of the facts charged guilty is erroneous in the misapprehension of facts affecting the judgment.

The punishment sentenced by the court below (4 years of imprisonment) is too unreasonable.

Defendant

B This portion of the money withdrawn from R to misunderstanding the fact of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the name of false loan repayment was not embezzled in collusion with A, etc.

Moreover, KRW 279,287,028, which used as “the personal office rent name”, was paid in order to establish a sales office for the business promoted by R., and the Defendant embezzled it or intended to acquire it illegally.

subsection (b) of this section.

The judgment of the court below which found the defendant guilty on this part of the facts charged is erroneous.

The receipt of KRW 3.2 billion from the representative U of T Co., Ltd. (hereinafter referred to as “T”) by misunderstanding the fact regarding the receipt of property in breach of trust was merely a consideration for the transfer of management rights, and it is not a receipt by T in return for an illegal solicitation that allows T to participate in the increase of capital at a cost.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

The misunderstanding of the facts about the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by E alone acquired 1.4 billion won from Z as the transfer proceeds of management, and the defendant was aware of it at all, thereby participating in the above crime by E.