1. The guilty part of the judgment of the court below against Defendant A, B, and C (including the acquittal part for each reason) shall be reversed.

The court below found Defendant B guilty of the part of KRW 34,165,670 (No. 1-15, 17-22 of the list of offenses attached to the original trial) among the charges of taking property in breach of trust in Defendant B, and found Defendant B not guilty of the remainder (no. 16, 23-31 of the list of offenses) on the grounds.

As to this, Defendant B filed an appeal against the guilty portion, and the prosecutor did not file an appeal against the 25 to 31 portion, while filing an appeal against only the same part among the part not guilty in the grounds for appeal Nos. 16, 23, and 24 of the same crime sight table.

In such a case, the part of acquittal in the reasoning is also subject to the appellate trial along with the part of conviction in accordance with the principle of non-guilty appeal. However, since the part of acquittal in the reason for which the prosecutor did not appeal has already been excluded from the object of attack and defense between the parties, this part cannot be re-determined.

(See Supreme Court Decision 2004Do5014 Decided October 28, 2004, etc.). Accordingly, with respect to the acquittal portion of Defendant B’s breach of trust, among the charges of taking property in breach of trust by Defendant B, as to the acquittal portion of reasons under Nos 5-25-31 of the List of Crimes in Attached Form 200 of the original judgment for which the prosecutor did not appeal, the conclusion of

Summary of Grounds for Appeal

Each document submitted by each defense counsel of the Defendants after the expiration of the period for appeal shall be considered to the extent that it supplements the grounds for appeal.

Meanwhile, Defendant C alleged in the statement of grounds of appeal that “all of the facts giving rise to a breach of trust in the judgment of the lower court are erroneous in misunderstanding of facts or misapprehending of legal principles.” However, there is no ground to dispute the issue of giving rise to a breach of trust against Defendant A, in addition to the point of each giving rise to a breach of trust against Defendant B and D (Articles 5) and 6) in addition to the above statement of grounds of appeal and the written submission thereafter.

Therefore, it cannot be deemed that Defendant C lodged an appeal to the part on the receipt of the evidence of breach of trust against Defendant A.

[Defendant A, B, C]