The judgment below

The guilty portion shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for six months.

1. The lower court found the Defendants not guilty on the grounds of fraud, which is the primary facts charged in relation to the instant case of “2016 Highest 6067” among the facts charged, and found the Defendants guilty on the crime of occupational embezzlement, which is the ancillary facts charged. The Defendants filed an appeal only for the conviction related to the “2016 Highest 6067” case in the lower judgment, and the Prosecutor did not file an appeal on the part of acquittal on the grounds related to “2016 Highest 6067” case.

Therefore, among the judgment below, the part of acquittal on the grounds related to the "2016 Highest 6067" case is transferred to the appellate court, but that part is already released from the object of attack and defense between the parties, and thus, is de facto relieved from the object of trial (see, e.g., Supreme Court Decision 2004Do5014, Oct. 28, 2004). As to the part of innocence on the grounds above, the conclusion of the judgment of the court below is to be followed, and the court

2. Summary of grounds for appeal;

A. As to Defendants 1) misunderstanding of facts and misunderstanding of legal principles (Defendant B) as to the embezzlement of occupational duties, which is an ancillary charge related to the case of “2016 Highest 6067”, the above Defendant’s borrowing and actually used the money deposited in one’s own passbook, and thus cannot constitute a crime of occupational embezzlement. Even if the embezzlement was committed, the crime of occupational embezzlement is merely an act of using one’s own property.

(2) The judgment of the court below is erroneous in finding a mistake of facts or guilty of the above charges in violation of laws and regulations, even though it is difficult to see that there is a consent of the parties concerned, since it is difficult to see that there is a wrongful act or intentional act. 2) The respective punishment (Defendant A’s imprisonment with labor for 10 months and Defendant B’s imprisonment for 6 months)

B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.

3. Determination A.