The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Comprehensively taking account of the evidence submitted by the prosecutor with the gist of the grounds for appeal, the fact that the Defendant applied for a loan to a financial institution under the name of E (hereinafter “E”) and completed the registration of the establishment of the right to collateral security at the maximum amount of KRW 600 million against the Defendant’s real estate owned by D Co., Ltd. (hereinafter “victim Co., Ltd.”) to E, thereby obtaining pecuniary benefits equivalent to KRW 500,000,000,000,000,00

Even so, the lower court rendered a judgment of innocence against the Defendant by misunderstanding facts or misapprehending the legal doctrine.

2. On August 30, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of eight months for the violation of the Punishment of Tax Evaders Act in the support of Suwon Fagwon in Suwon Fagwon, and the said judgment became final and conclusive on September 7, 2017.

From March 22, 2010 to January 16, 2018, the Defendant worked as the representative director of the victim company and engaged in overall duties of the victim company. From September 9, 2015 to January 16, 2018, the Defendant actually operates the said company while serving as a inside director of E.

On February 13, 2017, the Defendant applied for a loan of KRW 500 million to G banks in the name of E in order to prepare the mechanical costs of E at G branches located in the Ma-gu, Ansan-si.

In doing so, the Defendant entered into a mortgage agreement with the maximum amount of 600 million won, which provides the Plaintiff with H site 653 square meters (hereinafter “instant land”) as collateral at the above bank in Busan-si, Asan-si, which is the victim’s ownership, and completed the registration of the establishment of the right to collateral security (hereinafter “registration of the instant right to collateral security”) with the obligor E and the person holding the right to collateral security.

Therefore, the Defendant obtained pecuniary benefits equivalent to KRW 500,000 (hereinafter “the instant loan”) from E, and suffered a substantial pecuniary loss from the victim company.

3. Determination 1) The lower court’s determination.