The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. In light of the evidence duly admitted by the court below as to the Defendant’s ground of appeal, the court below is just in finding the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) on the grounds stated in its reasoning, and contrary to what is alleged in the ground of appeal, the court below did not err by exceeding the bounds of

2. As to the Prosecutor’s Grounds of Appeal

A. On October 5, 2010, the Defendant, one of the corporate-type funds managed by the Tribregal Capital Management Libered, has no knowledge of borrowing money from the victim or of entrusting the Defendant with the authority to make a loan contract. However, on the other hand, the Defendant, at 0th anniversary of the fact that, “The Defendant, at 0th anniversary of the total amount of the principal and interest rate of 00 U.S. dollars”, “the author, at 0th anniversary of the fact that the Defendant, at 0th anniversary of the total amount of the funds deposited in the victim’s fund account, made 190 U.S. dollars at its own discretion,” “the Defendant, at 0th anniversary of the total amount of the funds deposited in the victim’s fund account,” “the Defendant, at 0th anniversary of the total amount of the principal and interest rate of 100 U.S. dollars,” “the Defendant, at 0threg and 90th of the average interest rate.”

As a result, the Defendant forged a loan contract under the name of another person, which is a private document related to rights and obligations.

around October 2010, the Defendant is a corporation established separately for the purpose of auditing the victim’s fund enforcement.

of this section.