The judgment of the court below (excluding the part of an application for compensation order) shall be reversed.

The prosecution of this case is dismissed.

1. The court below rejected the applicant B’s application for compensation order, and the applicant for compensation cannot file an appeal against the judgment dismissing the application for compensation order pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Thus, the above application for compensation order was immediately finalized.

Therefore, among the judgment below, the application for compensation order is excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. Defendant 1) The decision to dismiss an application for adjudication was already made on the same content as that of the instant facts charged by mistake or misunderstanding of legal principles, and even if no other important evidence was found thereafter, the Seoul High Court rendered a decision to institute a public prosecution by citing the application for adjudication by the complainant B. Accordingly, the instant indictment is null and void.

Even if the indictment of this case is valid, the defendant did not have any intention to commit a breach of trust.

2) The sentence of two-year suspended sentence in one year and six months of imprisonment sentenced by the lower court is too unreasonable.

B. Prosecutor: A decision to dismiss an application for adjudication on the same content as the facts charged by misunderstanding of facts or misapprehension of legal principles was made, and no other important evidence was found thereafter, the Seoul High Court rendered a decision to institute a public prosecution by citing the application for adjudication by the complainant. Accordingly, the indictment of this case is null and void.

3. Determination

A. The latter part of Article 262(4) of the Criminal Procedure Act provides that a case for which a decision to dismiss an application for adjudication has become final and conclusive shall not be prosecuted unless other important evidence is found.

In this context, “the discovery of other important evidence” refers to the case where there is sufficient evidence to the extent that the evidence newly discovered at the time of the decision to dismiss an application for adjudication would lead to sufficient convictions, and it is doubtful whether the application for adjudication is dismissed.