The judgment of the court below is reversed.

In the case of the crimes of No. 1 to No. 4 of the judgment of the defendant, the provisions of No. 5 of the judgment are as follows.

The summary of the grounds for appeal (unfair sentencing) of the court below's sentencing (the imprisonment of 3 years and 8 years for the crimes of 1 through 4 as stated in the court below's holding) is too unreasonable.

Judgment

First of all, the defendant's crime is examined.

- [Crimes Nos. 1 through 4 of the holding of the court below] The defendant shall be limited to T Co., Ltd. which is a de facto personal company for the purpose of solar cell business around March 2008, and the other companies shall also be subject to the mark of the court below.

Although it was established and attempted to expand its business, it has suffered significant damage due to the global financial crisis that occurred around that time.

Therefore, the defendant promoted the capital increase for consideration of E operated by the defendant in order to solve the financial difficulties, and concluded a joint and several guarantee contract by forging the minutes of the board of directors of D, an affiliate, and joint and several guarantee contract.

In addition, the defendant entered into a joint and several guarantee contract in the name of DBO without due process such as the resolution of the board of directors, for the joint and several guarantee of an individual or T obligation.

The amount of the defendant's breach of trust reaches about KRW 60 billion.

- [Crimes Nos. 5 to 8 of the holding of the court below] The defendant arbitrarily used approximately KRW 95.4 billion in total of the company funds of E,O, X operated by himself or her, and acquired KRW 10 billion from AD.

Basically, there is no direct connection between T and E andO except that the defendant is the same major shareholder.

E from the perspective of EBO, there is no reason for the company's funds to be invested into T&A in fact as a personal company of the defendant.

Ultimately, the crime of this case is aimed at the personal interest of the defendant, and thus, it is inevitable to be assessed adversely.

Due to the defendant's crime, the shareholders and creditors of each victim company, and interested parties have suffered a big loss, and theO and E have filed an application for the commencement of rehabilitation proceedings. In particular, KOSDAQ-listed companies were listed companies.

E is a large volume due to the abolition of listing.