Of them, the part against Defendant A shall be reversed.

Defendant

A Imprisonment for eight months and fines for 3,000,000 won.

A. The sentence of Defendant A (the imprisonment of eight months and the fine of three million won) by the lower court is too unreasonable.

B. (1) With respect to the part not guilty for Defendant A (the fact that he/she embezzled by paying a total of KRW 4.8 million to Defendant B and P under the pretext of salary) of the Prosecutor’s (the fact that he/she embezzled by paying a total of KRW 4.8 million for the benefit of Defendant B and P), the Defendant A paid only two regular staff members, such as the chief and the chief officer, but without due process, paid a total of KRW 4.8 million for the benefit of Defendant B and P, so the crime of occupational embezzlement is established.

Nevertheless, since the court below rendered a not guilty verdict on this part, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

(2) Defendant B was fully aware of the circumstances that Defendant A would use the said money for personal purposes at the time when Defendant B remitted money to Defendant A’s personal account. In particular, since Defendant B agreed to pay part of the said money as his/her own and P’s wages at the time of remittance, it can be sufficiently recognized that Defendant B conspired to commit occupational embezzlement with Defendant A.

Nevertheless, since the court below acquitted Defendant B on the ground that there is a lack of evidence that Defendant B conspired with Defendant A to commit an offense, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is the person in charge of the storage and enforcement of the commercial building management expenses while serving as the head of the management office of the Sungnam-si branch from May 1, 2012, and Defendant A was the former head of the management office of the new management office of Defendant A, who was the head of the management office of the new management office of Defendant A.

The Defendants conspired, and Defendant A, on May 30, 2012, the fifth fifth floor.