The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, even though the defendant was aware that B provided the assets of G Co., Ltd. (hereinafter “G”) as collateral and received a loan and offered a public offering to pay G acquisition price due to the loan, the court below found the defendant not guilty of the facts charged in this case by misunderstanding the facts against the rules of evidence and misunderstanding the facts.

2. Determination

A. The summary of the facts charged against the Defendant was presented by Co-Defendant B (hereinafter “B”) of the first instance court on November 2007, when the Defendant was in office as the representative director of G, and that “on the face of the intention to acquire G, as the acquisition price is insufficient to obtain, the Defendant would provide G’s real estate and assets, such as buses, to the bank as collateral, and would receive the loan, and would pay the acquisition price with the loan.” On the other hand, the Defendant entered into a contract with B to sell G’s stocks of KRW 49,125 and the management right of KRW 17.3 billion.

In other words, the defendant, as the representative director of G, has a duty to preserve the company's assets and manage them with a good duty of care so as not to infringe the interests of shareholders and creditors, but in violation of that duty, provided the company's assets as security to receive the disposal price of its own stocks from B, and the defendant conspired to acquire the above company by receiving a loan from the Busan Mutual Savings Bank as security.

Therefore, on November 14, 2007, the Defendant offered a total of 2,199 square meters and 60 square meters of buildings and buses owned by G as collateral at the Gangnam-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, 157-36 located in Samsung-dong, Gangnam-gu, Seoul, as collateral at the Gangnam branch of Gangnam-gu, Seoul, and the Defendant borrowed 8 billion won from a bus transportation business entity to a bus transportation business entity as collateral and paid 6 billion won to the Defendant as the purchase price of stocks.

This is the defendant.