1. Of the part of the judgment of the court below, the guilty part against the defendant, and the fraud and theft by using computers, etc.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and four months) imposed by the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the prosecutor may be found guilty of the charge not guilty on the part of the court below.

Nevertheless, the judgment of the court below which acquitted this part is erroneous in the misapprehension of facts or in the misapprehension of legal principles.

2. Determination

A. We examine ex officio the grounds for appeal by the Defendant and the prosecutor.

In the first instance trial, the prosecutor: (a) maintained the existing facts charged on the fraud by using computers, etc. among the facts charged in the instant case; (b) stated that “business embezzlement” was committed in the name of the crime; and (c) stated in the applicable law, “Articles 356 and 355(1) of the Criminal Act” as stated in the facts charged; (d) added “the facts charged alternatively added” to “the facts charged for the larceny; (b) stated in the applicable law “Article 331-2 of the Criminal Act” to “the facts charged; and (c) stated in the applicable law “Article 331-2 of the Criminal Act” to “the facts charged alternatively added; and (d) changed to the subject of the judgment by this court; (c) therefore, the portion of innocence for the fraud by using computers, etc. among the accused of the lower judgment cannot be maintained, and as seen below, this court found the Defendant guilty of only one of the facts charged, and thus, has no longer maintained the concurrent relation between the Defendant in this case and the former part of Article 37.

B. Determination 1 as to the part that was modified alternatively, i.e., fraud using computers, etc., and embezzlement of occupational duties) existing facts charged by the Defendant is a password as stated in the back of the passbook (H) of a corporation, the victim of which was demoted from the victim without authority due to cash withdrawal, from the agricultural cooperative located in 206, the head of the Gu-Si Eup/Gu-Eup around May 26, 2014.