1. All convictions of the judgment below shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

The grounds of appeal are examined to the extent of supplement in case of supplemental appellate briefs not timely filed.

Defendant

In light of the fact that the defendant borrowed KRW 500 million from C Co., Ltd. (hereinafter “C”) for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) with regard to I advance payment KRW 500 million, and that the defendant voluntarily repaid KRW 500 million before the commencement of the investigation of this case, the defendant has the intention of embezzlement or illegal acquisition.

subsection (b) of this section.

A short-term loan amounting to one billion won is a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) with regard to the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the defendant has concluded a contract for lending and borrowing money by setting the interest and the maturity period, and has borrowed KRW 1 billion in total over twice from C through normal accounting procedures, and has repaid in full thereafter. As such, the defendant has the intention of embezzlement or illegal acquisition of KRW 1 billion with respect to this part

subsection (b) of this section.

B As a result of the Defendant’s refusal to trade R Co., Ltd. (hereinafter “R”), the Defendant sold C Co., Ltd. (hereinafter “B”) a black pipe or SCAF (hereinafter “SP”) according to normal procedures in line with the market price at the time, and sold B’s black pipe or SCAF (hereinafter “B”) to R.

Since C could not engage in direct transactions with R at the time, there is no "the expected profit that C would have been able to obtain from a white transaction with R" itself.

In addition, the difference acquired by B in the course of transactions leading to one CR (i.e., the sale price of white pipes - the price for the purchase of black pipes or scisfs, which is the material thereof) is processed as white pipes most.