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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for two years.
However, from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of the facts related to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) by the issuance of a promissory note, even if the Defendant did not participate in the issuance of a promissory note in the name of K in the K in charge, and even if the involvement was recognized, the Defendant’s personal obligation is limited to KRW 852 million and the remainder is limited to KRW 852 million, and the offense of breach of trust is established only for KRW 852 million, not in its entirety. However, the lower court erred by misapprehending the facts guilty of this part of the facts charged
(2) The defendant, not arbitrarily used K funds to repay personal debts, but the defendant repaid his/her personal debts with K with the cash repaid. However, the judgment of the court below which found him/her guilty of this part of the facts charged is erroneous in the misapprehension of facts and affecting the conclusion of the judgment.
(3) The judgment of the court below which found the defendant guilty of this part of the charges is erroneous in the misapprehension of the facts which affected the conclusion of the judgment, even though the defendant was guilty of this part of the charges, although he did not arbitrarily use the loan amount of KRW 700 million in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) through the voluntary use of the loan amount of KRW 700 million as stated in the
(4) The defendant's mistake of facts related to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) through the transfer of the right to claim ownership transfer registration shall exceed KRW 378,980,000,000, T building 101,802,000,0000,000,000,000,000,000,000,000,000,000 won