All appeals are dismissed.

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant’s appeal, the lower court’s determination that the Defendant was guilty of occupational breach of trust among the facts charged in the instant case on the grounds stated in its reasoning is justifiable.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation by failing to exhaust all necessary deliberations, or by misapprehending the legal doctrine on the act of breach of duty, intentional breach of duty, breach of duty, and the causal relationship between the act of breach of duty and property damage, etc.

Meanwhile, the argument that the indictment of this case was unlawful because it violated the Japaneseism of the indictment, is not alleged as the ground for appeal by the defendant, and the court below did not make ex officio decisions, and it is not a legitimate ground for appeal.

2. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found the defendant guilty on the ground that there was no proof of a crime as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) among the facts charged in the instant case and the obstruction of the performance of fraudulent means

Examining the record, the above determination by the court below is justifiable.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the amount of profit and the obstruction of the performance of official duties by fraudulent means in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, thereby adversely affecting the conclusion of the judgment.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.