All appeals by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that a defense attorney’s mistake is recognized and against the defendant, and that the defendant was sentenced to one year to a suspended sentence of four months on November 18, 2016 by imprisonment with prison labor on the grounds of a crime of breach of trust in the Suwon District Court Decision, which became final and conclusive on November 26, 2016, and that the crime of this case and the above crime of this case, which became final and conclusive, should be considered at the same time in relation to a single concurrent crime after Article 37 of the Criminal Act, and should be considered at the same time in relation to the case of a single concurrent crime after Article

B. In light of the fact that the amount of damage in this case by the prosecutor reaches KRW 100 million and has not yet been restored to the present time, the lower court’s punishment is too uneasible and unreasonable.

2. The crime of this case is not likely to be committed by the defendant with the intention of receiving KRW 100 million from the loan under the pretext of the loan, although the defendant had already provided loans to the Small and Medium Business Corporation as a collateral for transfer of the four private type type of the D Co., Ltd. owned by him/her as a representative director, it is false that he/she acquired it by receiving KRW 100 million under the pretext of the loan, although he/she had already provided four private type of the D Co., Ltd. as a collateral, and then acquired it. The crime of this case is not appropriate to be committed by the defendant. The defendant has the power of receiving criminal punishment, the damage has not been recovered. On the other hand, the defendant's mistake is recognized and there is no possibility that it may be partially repaid at the time of exercising the security right against the two private type of the D Co., Ltd. legitimately provided as a collateral. The defendant was sentenced to a suspended sentence of imprisonment for April 18, 2016 and the circumstances and circumstances of the crime of this case have become final and conclusive after the judgment.