1. The judgment below is reversed.

2. The defendant A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

3.Provided, That.

1. The summary of the grounds for appeal (occupational embezzlement) is the head of the F-factory and the head of the production technology division of the corporation F. In collusion, the Defendants: (a) returned the amount equivalent to the difference between the actual construction price and the construction price disbursed by the contract for the business; (b) stored for the F.; (c) embezzled in voluntary consumption of living expenses, etc.; and (d) embezzled it with evidence to support it.

Nevertheless, the court below acquitted the Defendants on the ground that there is no proof of facts constituting the crime. The court below erred by misapprehending the legal principles on embezzlement or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Prior to the judgment on the grounds for appeal ex officio, the Prosecutor applied for amendments to Bill of Indictment with the content that the facts charged as stated in Article 347(1) of the Criminal Act should be added to selective charges, as the selective applicable provisions of the Criminal Act, and the judgment of the court below is no longer maintained as the case was changed by this court's permission.

3. If so, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows.

Criminal facts

Defendant

A From March 1, 1999 to May 1, 2008, the victim F Co., Ltd. (a member of the O Co., Ltd., "R"; hereinafter referred to as "victim") of the victim F Co., Ltd., Ltd. (a member of the Co., Ltd., "Co., Ltd.") engaged in production management, such as production facilities maintenance and repair, and orders for new equipment, etc., by the director of the production technology division of the victim Co., Ltd., Ltd., Ltd. (hereinafter "victim Co.,, Ltd."), from March 1, 1999 to May 1, 2008. The defendant B is the head of the above benefiting Industry Co., Ltd., a person who takes overall charge of management, such as production management, as the factory head of the above benefiting Industry.