The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Defendant

B.

1. Summary of grounds for appeal;

A. Defendant A(1) to misunderstanding the fact or misunderstanding the legal doctrine, Defendant A is entitled to pay real estate sales proceeds with profits from import and sale of oil belonging to an oil importer.

Under the belief, only the victim made a request for the establishment of the instant right to collateral security with the maximum claim amount of KRW 1.2 billion to the victim, and Defendant B made a promise with the victim to pay the full payment of KRW 1.1 billion received by selling oil purchased from the banks in Hyundai Oil Bank. Since Defendant B’s management and arbitrarily consumed the oil amount of KRW 500 million, the victim was the victim’s damage. As such, Defendant A imported and sold the oil immediately without the fund and ability to sell the oil, and did not deceiving the victim as if he could be able to pay the remainder of the instant sales contract with the profits therefrom, and there was no intention to deception.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts or misunderstanding the legal principles.

2) The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

B. Defendant B’s punishment (three years of imprisonment) is too unreasonable.

2. Determination

A. The lower court determined that Defendant A’s mistake of facts or misapprehension of the legal doctrine 1) rejected Defendant A’s assertion on the same purport as Defendant A’s grounds for appeal, taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, thereby recognizing Defendant A’s deception and rejecting the allegation.

① First of all, regarding the structure of the sales contract (hereinafter “instant sales contract”) and the right to collateral security (hereinafter “right to collateral security”) on the real estate owned by the Company I (hereinafter “the instant real estate”).

Each of the above contracts shall be concluded by the Defendants, the Hyundai Bank Co., Ltd. (hereinafter referred to as “the Defendants”).