All appeals are dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to Defendant A and B’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (hereinafter “Act on the Aggravated Punishment, etc. of Specific Economic Crimes”), the crime of occupational embezzlement due to the use of company funds for personal use, the crime of occupational embezzlement due to the use of funds created by duplicate payment, and the violation of the Act on External Audit of Stock Companies (hereinafter “ External Audit Act”), the lower court found Defendant A and B guilty of this part of the facts charged (excluding the part of innocence) on the grounds as stated in its reasoning.

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 free ex officio principle in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of the Act on the Lending and borrowing of consumption, the objects of embezzlement, the identity of property, the consignment relationship, and the external audit and inspection.

In addition, the violation of the Act of the Specific Economic Crimes (Embezzlement) and the victim were different in terms of occupational embezzlement due to the use of company funds for personal use.

there is a contradiction in the reasoning of the judgment.

shall not be deemed to exist.

2. Defendant A and B’s violation of the Financial Investment Services and Capital Markets Act due to the use of undisclosed important information, and Article 174(1) of the former Financial Investment Services and Capital Markets Act (amended by Act No. 11845, May 28, 2013; hereinafter “Capital Market Act”) against Defendant C shall not be construed as “a person falling under any of the following” as “a person who uses undisclosed information related to the business affairs, etc. of a listed corporation in trading or any other transaction of specific securities, etc. or allow another person to use such undisclosed information:

“.......”

Here, the term "important information" refers to a listed corporation.