The lower court reversed the first instance judgment convicting the Defendant of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and acquitted the Defendant on the grounds that there was no proof of crime among the facts charged in the instant case.

In light of the records, even though the lower court’s reasoning was partially inappropriate, the lower court did not err by misapprehending the legal doctrine on the calculation of gains of breach of trust, contrary to what is alleged in the grounds of appeal.

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