The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) among the facts charged in this case, although the victim D Co., Ltd. (hereinafter "victim Co., Ltd.") had a long history of implementing new construction works G, I ground 8, and the fourth underground E (former name "J") in Yangsan-si, it belongs to the K authority of K, a contractor. However, the defendant, the representative director of the victimized Co., Ltd., borrowed 300 million won from M Co., Ltd. (Representative L), without undergoing due process such as a resolution of the board of directors, to make a promise to make a subcontract in part of the instant construction work from the damaged Co., Ltd., Ltd., which, without a resolution of the board of directors, made a standard subcontract agreement for construction works that did not actually go through the process of preserving KRW 90 million, and prepared a standard subcontract agreement for construction works that did not actually go through the process of preserving the representative director as above, it did not have any knowledge that the defendant knew or abused his/her right of representation in the contract.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too uneased and unreasonable.

2. Determination

A. A. In the judgment of ex officio, the prosecutor of this case's charge violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), and the defendant, as the representative of the Dispute Resolution Co., Ltd., should not cause damage to the company in the process of various construction contracts.