The appeal is dismissed.

The grounds of appeal are examined.

With respect to the grounds for ex officio examination, the court of appeals shall judge without any need to examine whether the grounds for appeal are submitted or whether the grounds for appeal are included in the grounds for appeal. However, with respect to any grounds not to be ex officio examination, it shall be subject to adjudication only when the grounds for appeal are stated in the petition of appeal or are included in the grounds for appeal submitted within the prescribed period. However, even if it is not included in the grounds for appeal, which affect the conclusion

(See Supreme Court Decision 2006Do8488 Decided May 31, 2007). According to the records, the defendant appealed against the judgment of the court of first instance, and only asserted unfair sentencing as a ground for appeal, and did not assert legal principles as to the acquittal portion of co-defendant A in the judgment of first instance, and the judgment of the court below did not consider it as an object of judgment ex officio.

Therefore, the defendant's assertion of misunderstanding the legal principles as to Gap's acquittal portion in the grounds of appeal is not a ground of appeal, or the court below's decision is not subject to a judgment ex officio. Thus, it cannot be a legitimate ground

In addition, the crime of giving property in breach of trust between the Defendant and Co-Defendant B delivered the property in breach of trust of this case to Co-Defendant B is deemed to have been established. Therefore, it is not unlawful for the lower court to have determined ex officio that the assertion of misapprehension of legal principles is not subject

Therefore, the lower court did not err by violating Article 364(2) of the Criminal Procedure Act.

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