The judgment below

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

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Defendant .

1. Summary of grounds for appeal;

A. Defendant A1’s misapprehension of the legal doctrine (Article 1-A(a) of the facts charged) Defendant’s payment of KRW 5 million per month from F by means of preparing a false lease agreement as stated in this part of the facts charged constitutes a crime of occupational embezzlement not a crime of occupational breach of trust.

Nevertheless, the court below recognized this part of the facts charged as occupational breach of trust. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2) misunderstanding of the facts and misapprehension of the legal principles (Article 1-2(1) of the facts charged) (Article 1-2(1) of the Act) provides that the Defendant did not receive an illegal solicitation from P, and that the Defendant received KRW 10 million.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

3) misunderstanding of facts and misunderstanding of legal principles (the facts charged No. 1-C)

The Defendant does not receive an illegal solicitation from R, and the receipt of KRW 100 million is to ensure substantial repair in the lease agreement.

Therefore, the preparation of a loan certificate with respect to the above money is not pretending to the causes of criminal proceeds.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

4) The punishment sentenced by the lower court (one year and six months of imprisonment, additional collection of KRW 11,00,000) is too unreasonable.

B. The punishment sentenced by the lower court (one year of suspended sentence in six months) is too unreasonable.

(c)

The prosecutor (Defendant A) 1) misunderstanding of the facts and misunderstanding of the legal principles 5 million won, which was delivered monthly to the defendant by the misunderstanding F, can be renewed at least when the lease contract is terminated, and the contract terms also have a significantly low monthly price compared to the market price.