1. The remainder of the judgment of the court of first instance, excluding the portion of dismissing the order for compensation and the application for compensation, and the second.

1. Summary of grounds for appeal;

A. Defendant G (1) misunderstanding of facts and misunderstanding of legal principles are not involved in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and Defendant G did not know that there was an embezzlement, even if there was an embezzlement, Defendant A committed exclusively, and some employees did not know the fact that it was an employee of the company.

(2) The lower court’s punishment on Defendant G of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

B. As to Defendant A (1) mistake of facts or misapprehension of legal principles (A) violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), there is no proof of crime as to whether there was embezzlement such as the charge, and even if there was a domestic embezzlement, Defendant A did not have conspired to commit the crime or participated in the crime, and Defendant G committed entirely.

(B) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the management and operation of the investment amount was made by the upper defendant G who actually controlled D Co., Ltd. (hereinafter “D”), Defendant A believed it to be well-grounded in debt collection from the Defendant G, and actually carried on the attracting of investment with the knowledge that there is no problem in D business, such as maturity refund for investors and their interest payment. In particular, the part that acquired the amount of KRW 80,000 on October 14, 2011 from DG added by the amendment of the indictment at the trial was personally invested in the entertainment business, but did not recover the investment in order to pay for the investors of D, since the above amount was not made, Defendant A did not have a criminal intent to obtain it, or even if he did not have a criminal intent to obtain it, or had a criminal intent to obtain it through domestic affairs.