The judgment of the court below is reversed.

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

However, the period of three years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. misunderstanding the facts and misapprehension of the legal principles, the Defendant used part of D’s investment funds as operating expenses of H (hereinafter “victim”) established for C and the instant business, because the factory owned by F (hereinafter “F”) was necessarily required to be jointly carried out by the Defendant, the Defendant, C (hereinafter “C”), D Co., Ltd. (hereinafter “D”) whose management is the Defendant, D Co., Ltd. (hereinafter “F”), and F Co., Ltd. (hereinafter “F”), which is the management of G, for the purpose of the instant business, and there was an intention to acquire illegal profits by the Defendant, since E and G had been well aware of such circumstances.

shall not be deemed to exist.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

A) The Defendant, G, and E purchased the instant business to jointly promote the instant business that is processed and sold with lighting LD chips for the rehabilitation of each company that they held as a manager on or around December 2010. Specifically, the Defendant is operating the victim company, and if D pays investment funds to the victim company, F purchased the facility with the money and purchased the facility again, and agreed to process the LED chips installed in the C factory with the facility installed.

B) On December 14, 2010, D and F entered into a contract for production facility investment and consignment production under which D and D agreed to pay investment funds to F when entrusting LE processing services. The said contract determined the size of investment as “1.5 billion won” and “1.58 billion won” and “6 million won for investment facilities x 165,000,000 = 990,000,000, TAPININGE 6 x 88,000,000,000 = 528,000,000,000, and the victim and the victim.