The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

The Defendant actually lost the share certificates of this case by misunderstanding the substance of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing) and misapprehending of legal principles.

In recognition of the loss declaration and disclosure application, and there was no intention to acquire profits through this, so the defendant did not have a criminal intent to obtain fraud (the original purpose of delivering the share certificates of this case to I was to show it to the nominal bond business operator and to provide funds. However, I borrowed KRW 3.2 billion from M, N,O, P (hereinafter “M”) on June 11, 2014 without the defendant’s consent, and concealed the fact that I provided the share certificates as security, and, without refusing the defendant’s demand for return of the share certificates, I continued to obtain additional loans as security, and there was no dispute over the defendant’s debt amount and full payment of the share certificates of this case against I, and the victim was not accused of the loss of the share certificates of this case in order to prevent the occurrence of loss of the share certificates of this case under circumstances where the defendant was detained in a criminal case on August 8, 2014, and the victim was not accused of the victim’s intention to file a lawsuit of this case.

The punishment of the court below (one year of imprisonment, two years of suspended sentence) is too unreasonable.

Even if it is found guilty, the victim of deception is the victim M, N,O, and P, so it is improper that the court below considered the circumstances in which the defendant did not agree with I in mind.

The grounds for appeal by authority shall be examined ex officio prior to the judgment.

According to evidence such as evidence No. 1 and evidence No. 2-1 and evidence No. 2-3 rulings, the defendant is sentenced to a suspended sentence of imprisonment for two years on November 25, 2016 by Seoul High Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).