A. Defendant 1) In fact, the Defendant, upon obtaining permission from D Branch (hereinafter “D Branch”) on November 201, 2013 and March 2014, used personal vehicles for business purposes with D Branch (hereinafter “D Branch”) and had D Branch bear the expenses.

Non-business expenses for personal vehicles have been used for the work of D Branch.

The defendant did not prove his intention of unlawful acquisition.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court (two years of suspended sentence in the month of imprisonment with prison labor) is too unreasonable.

B. Prosecutor 1) In the case of Nos. 1 through 4, and 10 in the judgment of the court below which acquitted the Defendant of the facts, the Defendant’s embezzlement act is recognized, the Defendant’s illegal acquisition intent is recognized at the net time, and the instant No. 14 is merely a simple clerical error, which overlaps with No. 131 in the indictment book No. 131. Nevertheless, the court below acquitted the Defendant of this part of the charges. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The sentence that the court below sentenced too much to be sentenced is unreasonable.

2. Judgment on the assertion of mistake of facts

A. Judgment 1 on the Defendant’s assertion 1) The Defendant asserted the same purport in the lower court’s judgment, and the lower court found the Defendant guilty of this part of the facts charged on the ground that, in full view of the following various circumstances, the Defendant could be found to have embezzled by using the Defendant’s operating funds of KRW 13,128,860 in the sum 140 times as indicated in the attached Table of Crimes in the judgment of the lower court, on the grounds that the Defendant used them for personal benefit.

D D Branch's expenses such as gas supply, expendable expenses, repair expenses, etc. of vehicles owned by the defendant in the operation expenses of the D branch.