The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a period of two and a half years, and by imprisonment for a period of four years.

Summary of Grounds for Appeal

The defendants' statements in the grounds of appeal are examined to the extent of supplement in case of supplemental appellate briefs not timely filed.

No act of intimidation, such as notification of the suspension of the supply of parts of this case to F Co., Ltd. (hereinafter referred to as “victim”) of the Defendants’ non-existence of mistake of facts or misapprehension of legal principles shall be deemed as

It is only due to the management judgment made by taking over two companies such as C and D (hereinafter collectively referred to as “E”) operated by the Defendants, taking into account various circumstances.

There is no causal link with the Defendants’ act of notifying the discontinuance of parts of the instant case.

According to the second agreement of this case where the injured company has not acquired property profits equivalent to the amount of the debt guaranteed by the joint and several sureties, the injured company is exempted from the obligation of the defendant's joint and several sureties, but there is no explicit consent from the creditors who are financial institutions, so the above obligation of the defendant A did not be extinguished definitely. Accordingly, it cannot be viewed that the defendants obtained property profits equivalent to the amount of the above joint and several sureties obligation.

Defendant

Defendant A, who has no public contested facts, did not have conspired or participated in the act of Defendant B, such as notifying the suspension of supply of parts of this case.

Nevertheless, the court below erred by misapprehending the legal principles as to whether the Defendants constituted the elements of crime or by misapprehending the legal principles as to the elements of crime, thereby adversely affecting the conclusion of the judgment.

Even if the court below found the Defendants guilty of unfair sentencing, each sentence imposed by the court below on the Defendants (1) (3 years of suspended sentence in 2 years and 6 months of imprisonment, 2 years of suspended sentence in 3 years of suspended sentence, 4 years of suspended sentence and 100 million won in 3 years of imprisonment) is too unreasonable.

(b) a prosecutor;