The judgment of the court below is reversed.

The defendant shall be innocent.

1. Of the facts charged in this case, the court below found the defendant guilty on the ground that the evidence submitted by the prosecutor alone cannot be deemed as embezzlement of money corresponding to the above excess portion on the ground that 4,928,130 won is more than the total amount of 29,528,130 won and transferred it to the Agricultural Cooperative Account under the name of the defendant for the purpose of the above victim, and then the court below found the defendant guilty on the ground that 6,400,600 won is more than the total amount of 6,803,605 won which the court below found guilty on the part of the above victim company, and 6,600,600 won is more than the total amount of 6,803,605 won and embezzled for the purpose of the defendant's personal use.

Accordingly, only the defendant appealed about the guilty portion. The part of the judgment of the court below which found the guilty portion of the reason was also reversed from the object of public defense between the parties or is not subject to the trial of the court. Thus, the judgment of the court below is not to be judged again in accordance with the conclusion of innocence of the court below and the decision of the court below.

2. The summary of the facts charged in the instant case is a person who, while serving as an employee of the victim company, has overall control over the field management of the E company’s voice storage construction site in Chungcheong-gun D.

From June 22, 2009 to June 2, 2009, the Defendant: (a) received total of KRW 29,528,130,00 from the victim company in Sungnam-gu F in relation to the said E Company’s voice warehouse construction from the victim company in Sungnam-gu to the Defendant’s account in relation to the said E Company’s sound warehouse construction; and (b) used KRW 6,803,605 among them for the said victim’s business and embezzled them for the Defendant’s personal purpose.

(b).