The court below found that Defendant A acquired profits of KRW 50 million and KRW 300,000,000,000 and KRW 2 billion in the account in the name of F of the victim company in the course of acquiring the shares of G corporation and the shares of F of F of the stock company respectively, and caused the same damages to the victim company, and then arbitrarily used and embezzled the funds of the victim company in collusion with the representative director of the victim company, Defendant A andY paid KRW 179,40,00,000 in total to BS and C of the processed funds, and remitted the total amount of KRW 95,50,000,000 in total to G corporation as business bonds, and remitted the funds to D of the sum of KRW 1,50,000,000 in total to BU and BV, and embezzled them in advance, and found the defendant A andY guilty of both the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and the Act on Aggravated Punishment, etc. (Embezzlement) of Specific Economic Crimes.

In light of the relevant legal principles and records, the court below’s fact-finding and judgment are just and acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the elements for establishing the crime of breach of trust and embezzlement, the calculation of damages

Meanwhile, Defendant A filed an appeal against the remaining guilty portion of the judgment below, but there is no indication of the grounds for appeal in the petition of appeal nor any statement of the grounds for appeal as to the grounds for appeal.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.