The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

(b).

1. Summary of grounds for appeal;

A. Fact-finding 1) As to Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affording), the Defendant acknowledged this part of the facts charged, contrary to the lower court’s judgment, but the Defendant committed the instant crime by willful negligence close to the negligence, which is widely perceived to the extent that he did not receive a return, even if he or she did not receive a refund of the money to Defendant A (hereinafter “H”) with the intent to obtain personal benefits from the victim G Co., Ltd. (hereinafter “G”), and that he or a third party would not receive a return.

In addition, although the loan of this case was used as the H's operating fund, the defendant is not able to submit specific details of use and data.

The judgment of the court below is erroneous in finding facts.

2) As to the Defendants’ occupational embezzlement, Defendant B, while serving as a shareholder interest director of G, provided Defendant A with advice about the management of G from time to time and provided joint and several suretiess for G, etc. for their contribution to G.

Defendant

A’s act of paying money to Defendant B with the funds of G as wages and act of paying lease fees for automobiles used by Defendant B does not constitute an act of occupational embezzlement.

B. The sentence sentenced by the court below to the defendants (Defendant A: imprisonment of one year and six months, Defendant B: imprisonment of one year and one year and two years of suspended execution) is too unreasonable.

2. Determination

A. Defendant A’s assertion of misunderstanding the facts about the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is a subjective requirement for the establishment of a crime of occupational breach of trust. The perception of violation of the duty and the perception that he/she or a third party gains profit and causes loss to himself/herself, i.e., intent of breach of trust, is an incomplete perception.