1. Examining the Prosecutor’s appeal in light of the reasoning of the lower judgment and the record, it is justifiable for the lower court to have acquitted the Defendant on the ground that there was no proof of the relevant crime regarding the part against Defendant A, Defendants B, and C of the instant facts charged on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and the crime of

On the other hand, the prosecutor appealed the remainder of the judgment of the court below with the exception of the evidence of breach of trust among the part against Defendant B and C, but the petition of appeal only states "legal scenarios and violations of law due to violation of the rules of evidence" and does not state any specific grounds for appeal, and there is no statement of grounds for appeal as to the grounds for appeal.

2. Even if Defendant C’s appeal on grounds of unfair sentencing as to the judgment of the court of first instance, along with the grounds for appeal on the grounds of unfair sentencing, and thereafter withdraws the grounds for appeal other than unfair sentencing before the sentence of the judgment of the court of first instance, it cannot be deemed as the grounds for appeal

(2) According to the records, Defendant C appealed the judgment of the first instance on the grounds of mistake of facts or misapprehension of legal principles and unreasonable sentencing, but revoked the grounds for appeal other than unfair sentencing on the fifth day of the trial of the lower court on September 9, 2005 (see, e.g., Supreme Court Decision 2005Do3244, supra).

Therefore, among the part of the judgment of the court below against Defendant C, there is an error in the misapprehension of legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) or the violation of the rules of evidence or incomplete deliberation.