The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

provided that this ruling has become final and conclusive.

1. The lower court rejected an application for compensation order filed by B (hereinafter referred to as “stock company”) which is the applicant for compensation.

An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the foregoing dismissed portion shall be excluded from the scope of the adjudication of this court

2. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts and misunderstanding of the legal principles (A) on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation). As stated in the facts constituting the crime of paragraph (1) of the same Article, put put options agreements and F’s joint and several sureties accepted the demands of two companies in order to induce the participation of J and K necessary for the promotion of the collective energy project, as well as the legitimate act in accordance with the management judgment, so the Defendant cannot be acknowledged as having committed a breach of trust.

Nevertheless, the judgment of the court below which found all of the charges guilty is erroneous in misunderstanding of facts and misunderstanding of legal principles.

(B) The fraud of the victim Q does not mean that “the Defendant would sell his house in one month to repay the debt”, and T’s joint and several surety was made based on the joint agreement concluded between the Defendant, F, and Q on July 15, 2014, and there was no intention to commit deception and fraud.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts and misapprehension of legal principles.

(2) The sentence of imprisonment (two years of imprisonment) imposed by the lower court is too unreasonable.

B. The defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by mistake of facts and misapprehension of legal principles, is an individual purpose, such as living expenses, etc., most of the funds borrowed from the victim P and B.