The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or legal principles 1) The victim was unable to recover the Defendant’s claim by means of establishing a new company (E; hereinafter “E”) under the condition that he did not pay for the amount of goods in KRW 67 million to C (hereinafter “C”) with respect to the Defendant’s management, and transferring the assets.

On March 2017, the Defendant seized and collected approximately KRW 69 million deposit claims of E, and additionally filed an application for the instant attachment and assignment order regarding the victim’s right to claim the recovery of deposit money equivalent to approximately KRW 67 million on April 2017. On September 2017, the issuance of the instant attachment and assignment order, and returned KRW 60 million, which is part of the above collection amount, through civil procedures, around September 2017, after the issuance of the instant attachment and assignment order, the Defendant filed an application for the instant attachment and assignment order under the circumstance where the aforementioned legal measure is permitted, and did not intend to obtain double repayment of the above goods payment claim.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2) Although the representative director of C as to whether the defendant is an offender, while carrying out the external affairs of M in the position of the president of C, he was actively involved in the application for seizure and collection order as to the above deposit claim, and the seizure and assignment order as to the above deposit claim. The judgment of the court below which convicted the defendant who is not M of the facts charged of this case on the premise that M applied for the whole collection order as to the above collection order, there is an

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

(a) mistake of fact;