The defendant's appeal is dismissed.

1. In light of the overall circumstances of this case, the sentence imposed by the court below (one year of imprisonment and two years of suspended execution) is too unreasonable.

2. The judgment of the defendant deposited KRW 385,578,752, which is a part of the amount of the defendant's voluntary repayment without the court's permission, into the passbook in the name of the debtor D Co., Ltd. (hereinafter "debtor D"). The defendant has no criminal power, the defendant was dismissed from the administrator of the debtor company, and the defendant appears to have an attitude to repent the defendant's mistake while committing the crime.

However, there are no special changes in circumstances that can change the sentence of the court below because these circumstances have already been fully considered in the court below.

In addition, unlike the former statutory management system, the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that a debtor’s former representative shall be appointed as a custodian unless any ground for disqualification prescribed by the Debtor Rehabilitation Act exists (Article 74(2) of the Debtor Rehabilitation Act). This is a policy consideration to give the trustee the incentive and motive for corporate rehabilitation to the maximum extent possible despite concerns over the fairness of the former representative.

Instead, in preparation for various problems that may arise when appointing an existing manager as a custodian, the Debtor Rehabilitation and Bankruptcy Act provides institutional devices to obtain permission from the court for certain acts of the custodian, such as disposal of property.

(1) Article 61(1)1 of the Debtor Rehabilitation Act provides that a debtor company’s existing manager who is appointed as a custodian shall dispose of the debtor company’s assets without permission of the court, in addition to a number of times after the above decision on commencement of rehabilitation procedures, in violation of his/her official duties set forth in the order of the decision on commencement of rehabilitation procedures.