The judgment below

The guilty portion shall be reversed.

Defendant

A Imprisonment of 2 years and 6 months, and Defendant B's imprisonment of 2 years and 6 months.

The summary of the grounds for appeal is misunderstanding the facts of the Defendants [Article 1-3 of the Criminal facts in the judgment below]

As to the notice of 12 billion won as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in relation to the notice of 12 billion won as to the defendant's liability, the defendants appealed to the whole guilty portion of the original judgment. However, on January 8, 2016, the defense counsel's opinion and the court below found the defendants guilty at the trial date of the fifth trial of the court below as of January 8, 2016, the JJ Co., Ltd. and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Embezzlement) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (tax) against

① The Defendants did not have a duty to notify the victim AA of the obligation to repay 12 billion won, including penalty, to AC, on the premise that the contract for the purchase of shares of the I Co., Ltd. (hereinafter “AC”) entered into with the victim AC Co., Ltd. (hereinafter “J”), would be rescinded. Furthermore, the Defendants did not have a duty to notify the victim of the obligation to repay 12 billion won, including penalty, to AC. In addition, even though the Defendants decided to sell the shares to the victim “AC,” and explained in advance that the purchase price would be so reduced that the purchaser would be at a high price.” Thus, the Defendants did not deceiving the victim.

② In addition, the Defendants did not notify the Defendants of the liability to repay to AC in detail due to Defendant A’s health problems, and did not have any intention to commit fraud.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

The punishment sentenced by the court below to the defendants (Defendant A: 3 years of imprisonment, Defendant B: 4 years of suspended sentence in June 2 and 1.3 billion won) is too unreasonable.

The Defendants I. misunderstanding of the facts of the prosecutor and misunderstanding of the legal principles (not guilty part in the judgment below).