Of them, the part excluding the costs of lawsuit shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (Fraud) the Defendant did not deceiving the victim of the loan use at the time of borrowing money twice from the victim, and had the intent and ability to repay. 2) Unjustifiable sentencing is unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (the point of occupational embezzlement due to the use of corporate cards) and shareholder are separate entities of independent rights, so even if the Defendant used the corporate card with the consent of the representative director B, so long as the Defendant used the funds of the victimized company for personal purposes, the crime of occupational embezzlement is established against the Defendant.

2. An ex officio determination prosecutor holds a corporate card (H card I, J, and K Card L) that can be used in connection with the performance of duties issued in the name of the victim company by the defendant to use the above credit card for the victim company. Although there was a occupational duty to use the above credit card for the victim company, the defendant filed an application for permission of changes in the bill of amendment to the bill of amendment to the bill of amendment with the above credit card amount of KRW 1.4 million from September 23, 2016 to October 7, 2016, from the time the above credit card was paid with liquor with the above credit card amount of KRW 1.9 million from October 7, 2016 to the above credit card amount of KRW 4 times as stated in the list of crimes committed in the attached Table. This is a violation of the duty to pay the liquor amount of KRW 10.9 million, thereby obtaining economic benefits and causing damage equivalent to the above amount to the victim company. This is subject to the change in the bill of amendment to the bill of amendment.

Therefore, among the judgment of the court below, the part concerning Article 1-B of the facts charged cannot be maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles on fraud is still subject to the judgment of this court, and this is below.