The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal shows that the Defendant leased KRW 4.5 billion to D Co., Ltd. (hereinafter referred to as “D”) without taking any measures to recover claims, such as being provided with security, and that the Defendant was sufficiently aware of damage to C Co., Ltd. (hereinafter “victim Co., Ltd.”), and thus, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby acquitted the Defendant.

2. Determination

A. The summary of the facts charged and the summary of the judgment of the court below of this case are as follows: "The defendant, as the representative director of the victim company, did not prepare any measures to recover the claim against his duties and lent 4.5 billion won to D, which was in a state of capital erosion in collusion with members of the board of directors, such as F and G, on three occasions, and thereby inflicted property damage equivalent to the same amount on the victim company." In light of the background and motive leading up to the lending of funds, D's economic situation, business prospects, etc., the court below acquitted the defendant on the ground that lending of funds to D was based on business judgment and it is difficult to recognize the intention of breach of trust

B. In a case where a director, etc. of a company extended company funds to another person or provided a payment guarantee under the name of a company for his/her own debt, if he/she had been aware of the fact that damage to the company would occur to the company if he/she extended funds or provided a payment guarantee for that person because he/she had already lost his/her ability to repay debts, or has extended such loans or payment guarantee only without taking reasonable and reasonable measures to recover debts, such lending or payment guarantee constitutes a breach of trust against the company as an act of having another person gain profits and causing damage to the company, and such other person is also an affiliated company of the financial support company.