The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

The summary of the grounds for appeal is as follows: (a) the Defendant sought measures to resolve difficult financial standing of C Co., Ltd. (hereinafter referred to as “C”) it operated by the Defendant; (b) transferred C’s mechanical facility license to G operated by E; and (c) agreed to pay C’s obligations by performing construction work in G name; and (c) the victim D loaned KRW 30 million from H with the expenses for the transfer of the license; (d) thus, the Defendant personally borrowed KRW 30 million on the grounds of the public health clinic construction work at the time of taking the victim D’s personal loan from the victim D; and (e) the facts charged in the lower judgment are different from the facts.

Furthermore, even though the Defendant disposed of 27 boxes of equipment and materials kept in C warehouse with the implied consent of the victim D, the lower court erred by misapprehending this, and by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.

Judgment

Before the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor examined the facts charged in this case as follows, and the subject of the trial by this court was changed. Thus, the judgment of the court below is no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

[Revised Facts charged] The defendant, as the representative of the Chungcheongnam-gun Budget C Co., Ltd., the defendant, around September 2008, bided 1.4 billion won to the victim D of the damage.

In April, the amount of KRW 300,000 is KRW 30,000 as payment for commencement of works, E is established as a guarantor, and E is transferred to the victim, and if the license is not transferred, the equipment and materials of C Co., Ltd. shall also be transferred to the victim.