The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for three years.

The judgment below

part of acquittal.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts or misunderstanding of the legal principles (guilty in the judgment of the court below) Defendant was the representative director of D (hereinafter “D”).

E Around January 2012, with H and I, a public auction procedure was in progress with the company H and I, and the remaining construction work is completed after winning a contract for all incidental and welfare facilities (hereinafter “G”) such as the building and apartment and commercial buildings in Ulsan-gun, Ulsan-gun, and the Seoul-gun, which are owned by the company for the settlement of the Housing Guarantee Co., Ltd. (hereinafter “G”), and the remaining construction work is completed and then sold in lots (hereinafter “G business”), was conducted, only the role of mediating the victims’ KAB Co., Ltd. (hereinafter “victim”) to acquire the contract deposit necessary for the promotion of the project. In addition, the lower court found the guilty of each of the charges under the following circumstances, on the premise that there was no reason or motive for leading or participating in each of the instant crimes together with E or I. However, the lower court erred by misapprehending the legal principles.

A) On February 10, 2012, 4.3 billion won as of February 10, 2012, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement 1 in the judgment below) (Article 1 of the crime of the court below) I did not withdraw KRW 4.3 billion from the bank account ( Q) under the victim's name on February 10, 2012, and therefore, I cannot believe I's statement that the defendant instructed or participated in the withdrawal of KRW 4.3 billion as of February 10, 2012.

B) On February 15, 2012, the Defendant was in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (Criminal facts in the lower judgment) (Article 2 of the same Act) to participate in the discussions on the successive lending of KRW 6.5 billion on February 13, 2012, or prepared a monetary consumption lending and lending contract with the same content, and the Defendant did not participate in the crimes of E and I.

C) On March 2, 2012, the Defendant violated the Act on the AP Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (Article 3 of the crime of the lower judgment) (Article 150 million won). Upon the AP’s request, the above funds are lawful.