The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A.In regard to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the Defendant was aware that the shares of the F Co., Ltd. (hereinafter “F”) received from the network D (the deceased on June 3, 2013, hereinafter “the deceased”) were the borrowed shares owned by the deceased, and the victim G Co., Ltd. (hereinafter “Co. H”) was changed on March 26, 2010; hereinafter “victim Co., Ltd.”) did not know that it was the ownership of the deceased, and there was no criminal intent of embezzlement, nor there was no functional control over the deceased and embezzlement. Nevertheless, the lower court did not err by misapprehending the facts or misapprehending the legal doctrine, thereby finding the Defendant guilty of the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) against the deceased on March 25, 201. The Defendant did not have any allegation that he purchased shares of the F Co., Ltd. from the 2010’s own shares with respect to each of the above charges of embezzlement, 1010.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty of each of the charges.

B. The lower court sentenced the Defendant to an unreasonable sentencing sentence.