Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

except that this shall not apply.

A. Fact-misunderstanding 1) Defendants (1) with respect to special larceny: (a) Defendant A was in the position of representative director and company director from the time of the establishment of the Dispute Resolution Co., Ltd. (hereinafter “victim”) on March 26, 2014; and (b) Defendant B was also in the position of an inside director from March 26, 2014; (c) Defendant B was also in the position of an inside director; (d) there was no intent of unlawful acquisition; and (e) there was no intent of unlawful acquisition; and (e) corporate head of the Tong, etc. cannot be deemed as property with economic value because it is nothing more than the materials indicating the current status of the victimized company, and thus, special larceny cannot be established. However, the Defendants stolen property as the intent of unlawful acquisition.

In light of the above, the court below found the defendants guilty of special larceny as follows: (a) there was an error in the misapprehension of facts; (b) there was a right to manage the damaged company's account and withdraw the deposit from the company's name account; and (c) there was a right to transfer the funds from the damaged company's account from the damaged company's name to the Defendant's account; and (d) there was a legitimate receipt of benefits that the defendants should have received; and therefore, the crime of fraud such as computer cannot be established. However, the defendants acquired property benefits

In light of the fact that the court below found the defendant guilty of fraud using computers and others, it erred by mistake.

2) The crime of fraud by using Defendant B’s computer, etc. was committed by Defendant A alone, and Defendant B did not have conspiredd with Defendant A to commit the crime, but Defendant B conspiredd with Defendant A to commit the crime of fraud by using computer, etc.

The judgment of the court below is erroneous in finding facts.

B. The lower court’s punishment against the illegal Defendants (Defendant A: imprisonment for 8 months, 2 years of suspended execution, and 3 years of protection).