Of those, the conviction against Defendant A shall be reversed.

Defendant

A. The judgment of the court below shall be acquitted.

A. In full view of the evidence submitted by the prosecutor of facts-finding as to the acquittal portion of the lower judgment by the Defendants, the lower court found Defendant A guilty of the charge on each part of the facts charged, although Defendant A and B conspired to lend the investment funds received from the investors to Defendant B personally, Defendant B used the funds to be embezzled by using the funds for purchase expenses, etc., and the lower court acquitted Defendant A of each of the facts charged, on the ground that the lower court erred by misapprehending the facts-finding judgment on the larceny portion of the larceny portion of Defendant A’s larceny portion, the lower court acquitted Defendant A of each of the facts charged, on the ground that the lower court acquitted Defendant A of unjust sentencing (a fine of one million won) on each of the charges of larceny portion of the larceny portion of the lower judgment (a fine of one million won).

B. Defendant A (misunderstanding of facts as to the guilty portion of the lower judgment or misunderstanding of legal principles, and unreasonable sentencing) had used two container stuffs owned by the victim at the construction site as the site office, etc. on the adjacent land. Although Defendant A did not sell two container stuffs or stolen by an intent to illegally obtain it, the lower court found Defendant A guilty of larceny among the facts charged in the instant case by misunderstanding of facts or misapprehending of legal principles.

Punishment (one million won of a fine) sentenced by the court below is unreasonable.

2. Determination

A. The first instance judgment on the credibility of the statement made by a witness of the first instance court is clearly made in light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, i.e., determination of the prosecutor's assertion of misunderstanding of facts concerning the fabrication of private documents and the uttering of falsified documents