1. Of the judgment below, occupational embezzlement, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and victim BB.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not agree with X and this case’s occupational embezzlement and each violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation). Defendant’s state appointed defense counsel asserted that there was an error of misunderstanding of facts in the lower judgment regarding each of the instant frauds. However, Defendant’s defense counsel withdrawn his assertion of mistake of facts as to each of the frauds by stating a supplementary statement of grounds for appeal as of October 2, 2015 on October 2, 2015 on the second day of the trial of the first instance.

B. The prosecutor's decision that the court below sentenced the defendant to the fraud against the occupational embezzlement, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust), and the victim BB (two years and six months of imprisonment) is undue and unfair.

The prosecutor filed an appeal against the whole of the judgment below by stating the "total amount" in the column of appeal in the petition of appeal, and stated the purport that the sentence of the court below is too uneasible and unfair in the column of appeal. However, in the statement of appeal submitted to this court, the prosecutor limited the grounds of appeal only on the grounds of unfair sentencing on occupational embezzlement, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation

2. Determination

A. The prosecutor of the judgment ex officio has reached the trial for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), and among the facts charged in each of the instant cases, “the Defendant is together with X with a duty to preserve and manage the property of AA for the instant claim group, the victim,” and “the Defendant is a part of “the claim group, in collusion with X, in collusion with the victim, as the representative director of AA, the victim of the instant claim group, with a duty to preserve and manage the property of the said company.”