The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for three years, and for four years and six months, respectively.

(b).

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles A) Part of occupational embezzlement ① The part of the attached Table 1 of the judgment below’s 7,8,11 of the crime List 1 is used to repay the previous embezzled money, and thus, it does not constitute a separate embezzlement.

② Article 16 of the [Attachment 1] List 16 of the lower judgment’s judgment does not constitute embezzlement since the Defendant’s remittance and use to BF for the Victim K Co., Ltd., and the intent of unlawful acquisition is not recognized.

B) Each electronic bill issued by the Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is basically issued by the so-called “the so-called “the return prohibition” to settle the electronic bill lawfully issued.

Therefore, according to the evidence duly adopted and examined by the judgment below of the court below and the trial court, "S" is not a corporation, such as a corporation, and only the BF, which entered into a loan agreement with the bank as the representative of "S," can be the victim.

Therefore, the part on which the victim was indicated as “S” among the Defendants’ assertion is deemed to refer the “BF” to the victim.

Upon the Defendant’s request, each electronic bill issued as above is received and provided as security to the Korea Foreign Exchange Bank Co., Ltd. (hereinafter “bank”), and the total amount of the loan received cannot be deemed as property or property gains acquired by deceit through fraud. Of the loan, the part of the loan, regardless of the settlement of the existing electronic bill, is recognized as property or property gains acquired by the Defendant through fraud.

2) The sentence sentenced by the lower court to the Defendant (four years of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles [the part on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), forgery of securities with pay, and the part on the exercise of forged securities] are acknowledged.