The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal doctrine and misunderstanding of the fact is not a transaction with a financial institution’s customer, but a private-friendly relationship between the defendant and the defendant, and the defendant opened a deposit account at the Suhyup branch where he works for the defendant, and voluntarily received a loan as security and made an investment that is not a money loan to E. Thus, it does not fall under the elements of the constitution of Article 8 of the Act on the Aggravated Punishment, etc.

even if F made a loan to E;

In the loan, the defendant did not arrange by using the position of the employee of the financial institution or information on the customer with the financial institution.

Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal doctrine, which found the Defendant guilty of the facts charged.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. Among the crimes stipulated in Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, the crime of lending or arranging the lending of money is established by the executive or employee of a financial institution using his/her position to lend or arrange the lending of money. Here, the phrase "lending or arranging the lending of money by taking advantage of his/her position" means the case where there is a circumstance that lending or arranging the lending of money which was impossible or difficult to obtain if he/she did not have been in the position of an executive or employee of a financial institution is possible or easier compared to the general public.

In addition, whether such circumstances exist or not, the officer or employee wants to borrow or borrow the loan funds from the funds to be deposited in the financial institution to which he/she belongs, and the loan or loan.