The defendant's appeal is dismissed.

Comprehensively taking account of the following circumstances, the Defendant did not deceiving the victim G Co., Ltd. (hereinafter “victim Co., Ltd”) at the time of borrowing the acquisition price of the convertible bonds of this case on April 8, 2014, and did not intend to acquire the above acquisition price by deception or to acquire the above acquisition price.

As such, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous.

Although the Defendant, on April 7, 2014, expressed his/her intention to waive the acquisition of converted bonds that it is difficult to acquire converted bonds because it is difficult for H to raise funds, H pressured the Defendant to “if E Co., Ltd. (hereinafter “E”) to accept the transferred bonds, other investors to recover the paid-in fund,” and H, “First of all,” “H would have the Defendant deal with the acquisition of converted bonds to exchange the funds of the victim company to E account,” and on April 8, 2014, H concluded a contract for underwriting converted bonds with the victim by borrowing KRW 3 billion from the victim company on April 8, 2014.

H’s statement in the investigative agency and the court of the court below that “if the E does not take over, other investors would not recover the paid-in capital,” and that “the Defendant first lent money,” is a false statement.

E was difficult to raise KRW 3 billion of the borrowed loan of this case, and returned the converted bond to the victim company on April 18, 2014, giving up the acceptance of converted bonds.

The defendant shall lend money from the victim company to the victim company and shall accept convertible bonds and shall complete payment if he/she has received money.

As I think it is impossible to prepare money, I would like to return convertible bonds after two days of maturity and waive the acceptance, and in light of this, I would like to return the above borrowed money to the defendant and there is no intention to acquire it.