All appeals by the defendant and prosecutor are dismissed.

Summary of Reasons for appeal

A. Prosecutor: Error of facts and misunderstanding of sentencing 1). The part of KRW 298,046,000 which the lower court rendered a not-guilty verdict is recognized as embezzlement by the Defendant.

2) Improper sentencing: The sentence imposed by the lower court on the Defendant (one and a half years) is too unhued and unreasonable.

B. Defendant: The sentence imposed by the lower court is too unreasonable.

The gist of the facts charged in this part of the judgment below is as follows: (a) The defendant deposited the sum of KRW 4,708,527,338 of the funds of the victim company in the securities account in the name of F over 191 times and used them as investment in futures option, and additionally, he embezzled KRW 6,29,45,66,71,122, 123, 126, 126, 128, 129, 129, 133, 134, 145, 145, 152, 157, 161, 165-167, 170, 174, 179, 181, 186, and 2506, 30636,505,000 won of the victim company's funds for the aggregate over 25 times.

B) In light of the following facts or circumstances, the lower court rendered a not guilty verdict on this part of the facts charged on the ground that it is difficult to eliminate the possibility that the above KRW 298,00,000 was not the victim’s company’s funds or the embezzlement amount as indicated in the holding.

(1) While the Defendant managed the bank accounts of the victim company, he has raised funds to make rebates to the customer according to D’s instructions, a representative director, and kept them separately in the bank, etc.

① The Defendant withdraws a check from the company bank account, and deposits the check or cash into the Defendant’s securities account, ② withdraws a check or cash from the company bank account and deposits it into the Defendant’s securities account; ③ directly remitting from the company bank account to the Defendant’s securities account; ④ Company’s transfer.