1. As to the prosecutor’s grounds of appeal, the lower court, on the grounds indicated in its reasoning, acquitted the Defendant on the ground that there was no proof of crime as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the embezzlement of the money transferred from the account under the name of the corporation B to the account under the name of F

The judgment below

Examining the reasoning in light of the record, 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 the intent of unlawful acquisition.

2. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of the instant facts charged (excluding the part not guilty in the grounds of appeal) on the grounds indicated

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of embezzlement and occupational embezzlement and intent to illegally obtain

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