The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The judgment of the court below shall be acquitted.

1. The court below found the defendant not guilty on the part 10, 36, 37, and 40 of the attached list of crimes among the charges of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Embezzlement) and found the defendant guilty on the remainder of the charges of forging each private document and uttering of the above investigation document, and found the defendant guilty on the part 15, 2007 among the charges of forging each private document and uttering of the above investigation document.

As to the guilty portion of the judgment of the court below, the defendant appealed only from the guilty portion of the judgment of the court below and from the acquittal portion of the forgery of private documents and the uttering of the above investigation documents on January 15, 2007. Among the facts charged in the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) of this case, the part which the court below acquitted the defendant shall be deemed to have been exempted from the object of attack and defense between the parties, so this part shall not be judged

2. Summary of grounds for appeal;

가. 피고인 ⑴ 사실오인 내지 법리오해 ㈎ 특정경제범죄가중처벌등에관한법률위반(횡령)의 점에 대하여 ① 피고인이 S, U 등의 돈을 횡령하였다는 이유로 처벌받은 바 있는데, 그와 같이 피고인이 처벌받은 횡령의 범죄사실과 이 사건 특정경제범죄가중처벌등에관한법률위반(횡령)의 공소사실은 포괄일죄의 관계에 있음에도 원심은 이와 달리 판단하였다.

② The Defendant’s transfer, etc. to this part of the facts charged is delegated by the victim E (hereinafter “victim” in the part concerning embezzlement).

③ The Defendant used most of the instant withdrawals to join the fund for the victim, or committed the instant crime in the victim’s account number N in the YES store deposit account, while working in the foreign exchange bank.