The judgment below

Among the crimes in the ruling, the parts of the crimes in the No. 1 or 6 of the crime list and the crimes in the No. 7.

1. Summary of grounds for appeal;

A. Error 1) On September 5, 2007, the Defendant was only invested in cash and stocks listed in the table of crime No. 1 in the judgment of the court below as funds necessary for investment in stocks and capital increase with capital increase, from the victim F on September 5, 2007, and did not borrow the said cash and stocks with funds necessary for corporate mergers and acquisitions as stated in the judgment of the court below. 2) The cash and stocks stated in the table of crime No. 1 through No. 3 in the judgment of the court below are merely KRW 470,435,452 in total.

3) At the time, the Defendant, while in office as an executive officer of G Co., Ltd., obtained a considerable amount of KRW 380 million per annum, and in fact, repaid approximately KRW 250 million to the victim F up to the original judgment, and in particular, repaid KRW 10.5 million to the victim F. The Defendant had the ability to pay the principal and interest to the victim at the time when he received cash and stocks from the victim, as described in the table of crime list in the lower judgment. (b) The Defendant had the ability to pay the principal and interest to the victim at the time when he received cash and stocks from the victim, as described in the table of crime list in the lower judgment. The sentencing of the lower court of unfair sentencing (one year of imprisonment, one million won of fine and three million won of fine) is too unreasonable.

2. Determination

A. Ex officio determination (as to the fraud No. 7 in the list of crimes in the original judgment), “any crime for which a judgment to be sentenced to imprisonment without prison labor or a heavier punishment has become final and any crime committed before such judgment has become final and conclusive” constitutes concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, a crime for which a judgment has not been rendered among concurrent crimes and a crime for which a judgment has become final and conclusive under Article 39(1) of the Criminal Act

Meanwhile, in light of the language and purpose of legislation of the latter part of Article 37 and Article 39(1) of the Criminal Act, if a crime for which judgment has not yet been rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, the case of judgment at the same time pursuant to Article 39(1)