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The judgment below
Among them, the remainder (including the dismissal part of the application for compensation order) is excluded.
Reasons
1. Scope of the judgment of this court;
A. The summary of the facts charged in the instant case is comprised of fraud, occupational embezzlement of KRW 225,042,780 for retirement allowance payment funds, occupational embezzlement of KRW 100,000 for lease deposit, forgery of private documents and uttering of private investigation documents, and occupational breach of trust.
(2) The lower court acquitted only the occupational embezzlement of KRW 101,264,790 among the facts charged in the instant case, and found the remainder of each of the facts charged guilty. The Defendant appealed as to the guilty portion, and the Prosecutor appealed as to the acquitted portion.
(3) The judgment prior to the remanding of the summary of the judgment of the party prior to the remanding of the case, reversed the guilty portion of the judgment of the court below, and maintained the conclusion of the judgment of the judgment of the court below that found the guilty guilty, and that the occupational embezzlement of the retirement allowance payment amount of KRW 123,777,90 (the remainder excluding KRW 101,264,790, which was found not guilty by the court below) was committed on the part of the judgment of the court below, and acquitted each of the defendants on the occupational embezzlement of the lease deposit of KRW 20,000,00. The other part of the judgment of the court below found guilty (80,000,000, as the occupational embezzlement of the lease deposit of KRW 101,264,790, as well as the occupational embezzlement of the retirement allowance payment amount of KRW 101,269,790) was not guilty, and the prosecutor appealed the guilty portion, respectively.
(4) The summary of the judgment of remanding the case is reversed by the prosecutor’s appeal as to the payment of retirement allowances of KRW 225,042,780 ( KRW 123,777,990), and each occupational embezzlement of KRW 20,000,000, out of the non-guilty portion of the judgment of remanding the case before remanding the case, and that part of the judgment is reversed, and all of the grounds of appeal by the defendant and the prosecutor are dismissed.
On the other hand, the Supreme Court has rejected the defendant's ground of appeal.