1. As to Defendant B’s ground of appeal

A. As to the violation (Misappropriation) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter "the Aggravated Punishment, etc. of Specific Economic Crimes"), among the facts charged in this case, the violation of the Aggravated Punishment, etc. of Specific Economic Crimes Act (Fraud) and the violation of the Aggravated Punishment, etc. of Specific Economic Crimes Act (Misappropriation), which are the primary facts charged, are different from the facts charged, the first instance court's permission to amend the bill of amendment was unlawful since it erred by misapprehending the legal principles as to the amendment of the bill of amendment, since the first instance court's permission to add the ancillary facts was asserted only in the final appeal that Defendant B did not take it as the grounds for appeal or that the lower court did not take it as the object of judgment ex officio, and even after ex officio examination, it is not legitimate grounds for appeal, and therefore, it

After comprehensively taking account of adopted evidence, the court below found the facts and circumstances as stated in its holding, and found that Defendant B conspired with A, D, etc. in violation of its occupational duties and caused the victim chip Construction Co., Ltd to pay the construction cost in excess of KRW 1,430,00,000 to D with respect to the instant construction project, thereby obtaining pecuniary benefits equivalent to the above amount and causing the same loss to the victim, and found the Defendant guilty of violating the Specific Economic Crimes Act (Misappropriation) which is an ancillary charge among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is justifiable. Contrary to the allegations in the grounds of appeal, the court below did not exhaust all necessary deliberations and limits of free evaluation of evidence in violation