All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts about the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) and Defendant A of misunderstanding of legal principles

J. Defendant A’s act does not constitute a breach of trust, and Defendant A did not have an intent to commit a breach of trust. 2) Inasmuch as Defendant A used funds that Defendant A could have used through lawful procedures, it is merely a mistake of facts and misapprehension of legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). Thus, Defendant A’s act does not constitute embezzlement.

3) The sentence of unfair sentencing (five years of imprisonment) by the lower court is too unreasonable and unfair. (b) Defendant B (unfair imprisonment) by the lower court (three years of imprisonment in the first instance court and two and half years of imprisonment in the second instance court) is too unreasonable and unfair.

2. Determination

A. Judgment on the grounds of appeal by Defendant A 1 ) As to the assertion of misunderstanding of facts and misapprehension of legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust), Defendant A led to the confession of this part of the facts charged at the original court, and the lower court found Defendant A guilty of this part of the facts charged

B. The following circumstances can be acknowledged by the court below and the court below duly adopted and investigated evidence: ① Defendant A was given a loan in the name of the victim company in collusion with B, etc., the representative director of the victim company, in order to pay the acquisition price to the existing L, etc. in connection with the acquisition of the victim company; for this purpose, a certificate of deposit issued as a deposit by the victim company was offered as security to M, representative director, and ② the above loan is not deposited in the victim company at all.