The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for one year, and for two years and six months, respectively.

1. Summary of grounds for appeal;

A. Defendants 1 through misunderstanding of the facts or misapprehension of the legal principle) of this judgment [Attachment 1] and [Attachment 2] of the judgment of the court below that found “A” guilty of each crime “A” (i.e., each part of the judgment of the court below which found the Defendant guilty), the remainder of the facts charged except for the part indicated “A” recognized as “A” in the Defendant’s assertion, 1, G Co., Ltd. (hereinafter “G”) and F Co., Ltd. (hereinafter “F”) for the purpose of business of the victimized company (hereinafter “damage Co., Ltd.”), or 2, payment of dividends as agreed upon with H et al., jointly operated by the victimized company, with the Defendants.

One Part [Attachment 3] In the case of the facts charged as in the case of the case of the 3th anniversary of the crime inundation, the mother of the Defendants or Defendant B returned money to the victimized company or received the interest therefrom. Therefore, as to the above facts charged among the whole facts charged as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the Defendants cannot be recognized as the criminal intent of embezzlement or the intention of unlawful acquisition.

Nevertheless, the lower court found the Defendant guilty by misapprehending the facts.

In addition, the lower court convicted the Defendants of most of the charges on the grounds that there is a lack of evidence to support the Defendants’ assertion on the details of use. In so doing, the lower court erred by misapprehending the legal doctrine on the presumption of innocence or the burden of proof.

B) In the case of occupational breach of trust, the Defendants’ work is conducted in accordance with the facts charged, such as the list of offenses listed in the attached Tables 4 and 5 of the lower judgment, which is the details of using the credit card of the victimized company.