The prosecutor's appeal is dismissed.

The summary of the facts charged in this case, the judgment of the court below, and the grounds for appeal are as follows: (a) the Defendant was the representative director of the Victim D Co., Ltd. (hereinafter “victim Co., Ltd”) from October 25, 2007 to March 30, 2010.

The victim company: (a) from February 12, 2008 to December 30, 2008, between the victim company and December 12, 2008, the defendant exercising substantial control over the defendant (hereinafter referred to as "E"; (b) from all stock companies under the name of all stock companies, the defendant has a duty to keep and preserve the above shares in line with the purpose of collateral; (c) to ensure that the above companies are 3,340,09 shares issued from the above companies (hereinafter referred to as "BK CD") and there was a total amount of 21.7 billion won by lending funds to, or accepting corporate bonds issued by, the above companies; and (d) to secure this, there was a claim amounting to 21.7 billion won against the above companies; (c) so, the defendant, who is in charge of the affairs related to the preservation of the collateral for the victim company, has a duty to keep and preserve the above shares in accordance with the victim company's security right and settlement procedures, and then disposes of the rights to the collateral.

On the other hand, the Defendant’s major shareholder of K (hereinafter “K”) entered into a contract for the acquisition of convertible bonds with L Company (hereinafter “L”) and the 60 billion won convertible bonds issued by K around March 2007 to August 2007, and K entered into a contract for the performance of revision with the intent to acquire shares of semiconductor Company, etc. with the above funds, and K agreed that K shall acquire at least 30% of the total outstanding shares of BK CD and offer them as collateral for redemption of L convertible bonds.

The Defendant acquired the ownership of BKL CD stocks held as security by the victim company through a future exercise of the security right, and sold them in KRW 13,913,266,055 to I, a subsidiary company of K, and the I, as above.