The judgment below

The guilty part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The lower court acquitted the Defendant on the charge of taking property in breach of trust due to visual waterways among the facts charged in the instant case, on the ground that there is insufficient proof.

However, the prosecutor appealed only the guilty portion of the judgment of the court below, and on June 28, 2012, the prosecutor’s petition of appeal on June 28, 2012, stating that “the scope of appeal shall be all the remainder except the facts charged partially acquitted,” and on July 13, 2012, stating that “no appeal shall be filed with respect to the acquitted portion.”

The above acquittal portion was finalized as it is.

Therefore, the acquittal portion is not included in the subject of this Court's trial.

2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles

A. The lower court, on the grounds indicated in its reasoning, found the Defendant guilty of each of the above facts charged on the following grounds: (a) directly admitted the credibility of Co-defendant B’s statement, which is a direct evidence that conforms to the point of taking property in breach of trust due to KRW 300 million on August 2008, and taking property in breach of trust due to KRW 200 million on the water of KRW 200 million on March 2009; and (b) on the other hand, the Defendant’s statement cannot be trusted.

B. (1) In this case, in the event of the relevant legal principles, the Defendant and B got off several occasions, and some of which are made, the flow of funds, such as the use of multiple accounts, takes a very complicated aspect. On the other hand, there is a part that is not consistent with the detailed contents of the statements or some of the statements are placed between the two parties, because those who directly or indirectly participated in the process of misunderstanding money and those who have made a statement are dependent on memory, in the absence of data such as books specifically and objectively arranged the date, amount, name, etc. between the two parties.