The Defendant, while working for the damaged company, entered into an agreement with the government offices to arrange for the supply of building materials and receive certain fees from the supplier company in the name of the company, and to receive 30% of the net profit amount from the company by receiving the tax invoice from the supplier company to the corporate passbook account (in the form of a franchise agreement or the actual nature of the performance wage).

Since the defendant is a business employee belonging to the victimized company, if he/she conducts business such as arranging the supply of building materials in the name of the victimized company, he/she has a duty to inform the victimized company of such profit and deposit the profit into the passbook account of the victimized company.

In violation of the above duties, the defendant did not notify the victimized company of the amount of KRW 1,90,00,000, which is the profit from the E apartment management office on April 2, 2008 without notifying the victimized company thereof, and was deposited into the Saemaul Treasury Account (F) in the name of the defendant, as shown in the attached crime list, as shown in the attached crime list, the defendant acquired the property profit equivalent to KRW 304,987,964 in total over 76 times from the above day to February 19, 2014 and suffered damage equivalent to the same amount in the same way.

2. The judgment of the defendant is the so-called "free franchise," which is a member of the injured company's business as an individual business, and the money as stated in the facts charged of this case (hereinafter "the money of this case") that is deposited into the accounts of the Saemaul Treasury of the defendant is not a profit from the business in the name of the victimized company, but a profit from the business in the name of the defendant's individual business operator or from the borrowed money, etc.