The judgment below

The guilty part against Defendant A and the part against Defendant C shall be reversed, and this part of the case shall be reversed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed by Defendant A and C after the lapse of the period for submitting the grounds of appeal).

1. As to the grounds for appeal by Defendant A and C

A. Of the facts charged against Defendant A, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Economic Crimes") and the summary of the facts charged against Defendant C was appointed as the representative director of the victim Y Co., Ltd. (hereinafter referred to as the "victim Co., Ltd.") on January 14, 2009, and Defendant C served until November 12, 2013 as the executive officer of the victim Co., Ltd., and Defendant C served as the head of GScecece, which is the general support department in charge of the payment of executive officers and employees after Defendant A’s representative director was appointed.

Defendant

A and C conspired, from March 25, 2009 to September 25, 2013, up to a total of KRW 2.757 billion to executives as shown in the attached crime list as shown in the judgment of the court below, and embezzled KRW 1.1685 million for the purpose of personal light survey expenses, entertainment expenses, etc. (hereinafter “the instant non-funds”), while paying KRW 2.7 billion to executives as listed in the attached crime list as indicated in the judgment of the court below, and deducting part of them in advance or receiving return, and then raising a total of KRW 1.168.5 million for the victim company, and embezzled KRW 1.1685 million for the purpose of using them for personal light survey expenses, entertainment expenses, etc.

B. The lower court determined that: (a) only some of the officers who returned the AY and role level of Defendant A, C, and Non-Financial Manager were aware of the creation of a non-financial expense; (b) other shareholders and directors of the victim company were unaware of the existence of the non-financial expense; and (c) Defendant A was in place a normal procedure for disbursement of expenses related to the business affairs including cash, but used the instant nonfinancial expense in an abnormal manner without the company’s control; and (c) Defendant A used the instant nonfinancial expense without the company’s control.