1. On the grounds of appeal by the prosecutor, the court below found the part on occupational embezzlement of KRW 130,00,00 using the deposit account in the AH Bank among the facts charged in the instant case as well as the part on the crime committed in the table of crime Nos. 4 through 11, 13 through 16, 20 through 25, 28, 29, 31, 32, 34, 35, 38 through 42, 44, 46 through 48, and 50 through 58 on the grounds that there is no proof of the crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court 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 doctrine on unlawful acquisition intent, etc.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds of objection in the petition of appeal or appellate brief concerning the guilty portion.

2. On the grounds of appeal by the Defendant, the lower court convicted the Defendant of the remainder of the facts charged in the instant case, except the aforementioned acquittal portion.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on the establishment of occupational embezzlement and fraud, or by violating the principle of trial of evidence.

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