The parts of the defendant A, B, C, and E shall be reversed.

Defendant

A and E shall be punished by a fine of 10 million won.

A. In light of the legal principles, in order to reduce errors that may arise in calculating the weight of fireworks among the fishermen of this case and the cooperatives and intermediate wholesalers, the agreement was reached between the cooperatives on the method of reducing a certain weight when consignment of fireworks, etc., and thus, fishermen’s abandonment of ownership should be deemed as to the reduced portion. Since fishermen were paid the price equivalent to the weight calculated by the above method after the auction, fishermen did not actually suffer any damage to fishermen, and thus, the part embezzled by the defendants cannot be deemed as victims because they did not own the fishermen or did not cause any damage to fishermen due to embezzlement. Thus, this part of the facts charged constitutes innocence.

Furthermore, if there is a shortage in the fireworks awarded by the cooperatives and intermediate wholesalers, there was an agreement that fishermen would make up for the shortage within the limit of already giving up their ownership, and Defendant A would bring about a fireworks with the consent of the union employees under the above agreement. Therefore, Defendant A’s act of this case cannot be punished.

Nevertheless, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. Each sentence imposed by the court below on the Defendants (the imprisonment of August, the suspended sentence of two years, the imprisonment of October, the suspended sentence of two years, the imprisonment of six months, the suspended execution of two years, the defendant C: the imprisonment of one year, the suspended execution of one year, the suspended execution of two years, the defendant D: the imprisonment of one year, the suspended execution of two years, and the defendant E: the imprisonment of eight months and the suspended execution of two years) are too unreasonable.

2. Determination

A. Determination 1 on the Defendants’ assertion of misapprehension of the legal principles is based on the evidence duly adopted and examined by the lower court and the lower court, and the following circumstances are acknowledged. A) The Defendants are both the cooperatives and the fishermen who are victims.