The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal: Error of facts and misapprehension of legal principles;

A. K in the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) stated in the court below that the defendant and the defendant conspired in advance to commit the crime of embezzlement of this case, and the statement of R, W, N and M also conforms to this, while the defendant is not the one of the I in the decision of the court below.

An abbreviationd name used in the original trial below is also used in the trial. A false statement was made that there was no fact that part of the total amount of KRW 6.5 billion was transferred to M and N account.

In addition, in light of the fact that I used the defendant of KRW 350 million out of the total amount of KRW 2.5 billion remitted by around October 201, and that M gave a passbook to the defendant in Indonesia around September 201, it is also recognized that the defendant was involved in the process of remitting and withdrawing the above KRW 2.5 billion.

Nevertheless, the court below found the defendant not guilty of this part of the facts charged because only some statements consistent with the defendant's argument are extracted, and the statements consistent with the facts charged are rejected or judged without reasonable grounds, among the statements made by the related persons, which is erroneous.

B. The violation of the Attorney-at-Law Act stated to the effect that K consistently offered money to the Defendant under the pretext of making a solicitation to BF or the president of the Corporation, and that R andW made each statement consistent with this, while the Defendant denied the fact of receiving money from K, the Defendant reversed the Defendant’s statement that 200 million won was borrowed in total for expenses, such as preparation for the actual survey of Indonesnesk mine mines.

Nevertheless, the court below rejected or judged the above 200 million won statement that corresponds to the facts charged without reasonable grounds, and thereby acquitted this part of the facts charged. This is a misunderstanding of facts and misunderstanding of legal principles.

2. The additional prosecutor of the ancillary facts charged comes to the trial.