The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

However, as to Defendant A, this shall not apply.

1. Summary of grounds for appeal;

A. Defendant A (unfair sentencing) and his defense counsel explicitly withdrawn the misconception of facts and misapprehension of legal principles on the fifth trial date.

The punishment (two years of imprisonment) imposed on the defendant by the court below is too unreasonable.

B. Defendant B (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles) 1, misunderstanding of facts, and misunderstanding of legal principles, the Defendant only connected the victim A with respect to the instant 1 and 2 M and delivered each borrowed amount, and did not participate in A’s embezzlement in collusion.

② The Defendant is not a custodian of the instant shares.

③ The Defendant did not participate in the process of disposing of the first and second M shares.

The Defendant did not know whether A disposed of shares or not, and there was no fact that he accepted the disposal of shares or not.

(4) There is no intention or intention of embezzlement or illegal acquisition to the defendant.

In this case, the fact that the injured party could not receive the return of the shares is due to the fact that Gap et al. arbitrarily disposed of the shares and thus impossible to return the shares, or that the defendant refused to return the shares.

2) The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to evidence, Defendant A was sentenced to a suspended sentence of one year of imprisonment for fraud, etc. at the Seoul Southern District Court on July 2, 2014 and the judgment became final and conclusive on September 12, 2014. On March 25, 2015, Defendant A was sentenced to a suspended sentence of one year of imprisonment for embezzlement at the Seoul Southern District Court on April 2, 2015 and the judgment became final and conclusive on April 2, 2015; Defendant B was sentenced to ten months of imprisonment for a violation of the Commercial Act at the Seoul Southern District Court on May 18, 2012 and completed the execution of the sentence at the Seoul Southern District Court on September 23, 2012.

Defendant

As above, the crime for which judgment has become final and conclusive and the crime of this case is in the relation of concurrent crimes by the latter part of Article 37 of the Criminal Act.