by the Supreme Court of Korea

“ In the case of a stock company that is under a company reorganization procedure due to bankruptcy (which has changed to a restoration procedure with the enactment of the Act on the Restoration of the Debtor and Bankruptcy on April 1, 2006) as well, the potential benefit of the company's stockholders and creditors shall still be protected, so the above conclusion does not affect corporations that are under company reorganization procedures. ”

“ A person who, having the custody of another's property, embezzles or refuses to return it, shall be punished by imprisonment for not more than five years or by a fine not exceeding fifteen million won. ”

“ E. Nevertheless, the court below declared innocence for the reason that it is hard to accept the above facts, which is in violation of law by misunderstanding the legal reasoning of malfeasance in office or misunderstanding the evidence selection rule, which obviously affected the decision. The part in the Reasons for Appeal that points the above out is reasonable. ”

“ Pursuant to the above agreement, S and K established the right of pledge for Tong Yang-Hyundai on the 5.2 million new shares of Shinhan that was acquired with the above loan, and the defendant, after he was appointed representative director of Shinhan on June 7, 2001, established a series of collateral security on the real estate in this case from July 3, 2001 and July 9, 2001 and got the above new shares returned from Tong Yang-Hyundai. ”

“ Separately from the above, the defendant, as representative director of S and K, took out a loan of 32 billion Korean won on June 5, 2001 from KorAm Bank, provided a total of 62 billion won worth of collateral to KorAm Bank, and agreed to withdraw 32 billion won out of about 33.3 billion won of the deposit held by Shinhan and deposit the amount to KorAm Bank after the company reorganization procedure ends, to establish the right of pledge on the above deposit and get the above bonds in return. ”