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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Reasons
Summary of Grounds for Appeal
In light of the non-existence of the criminal intent of mistake of facts and deception, the reason for appeal by the victim is that the defendant was submitted prior to the prosecutor's application for changes in the indictment, and since the defendant did not change it even thereafter, the victim of the grounds for appeal refers to "I" of the previous victim. However, the victim of the grounds for appeal refers to "I" of the previous victim, which became the victim by the application for changes in the indictment of indictment according to the content of the appeal.
However, since the defendant is dissatisfied with the wrong specification of the victim, the reason for appeal does not change according to the meaning of the grounds for appeal.
The victim took over the E (hereinafter “E”) solely for the benefit of the E, and the victim lent 2 million shares of G Co., Ltd. (hereinafter “G”) to the Defendant to the Defendant for the purpose of creating the acquisition fund. As such, the Defendant did not commit deception on the victim’s acquisition ability, acquisition intention, etc. in relation to the acquisition of E.
First, in order to defend put options by J (hereinafter “J”) and secure the right of management of G, the victim took over the funds by himself after acquiring them, and took over KRW 1.5 billion in the name of the Defendant in order to pay the cost of delaying the convening of the temporary shareholders’ meeting (the change to the acquisition deposit in front and rear). However, while the J decided to take jointly against the victim, it agreed to take over the funds of the victim, and agreed to take jointly with the Defendant, and agreed to take over the funds of the victim, and lent the shares of this case to the Defendant in order to raise the acquisition fund of the Defendant, and the Defendant repaid the above funds of KRW 1.5 billion with the above funds borrowed as collateral, thereby borrowing the above shares.