A. misunderstanding of facts or misunderstanding of legal principles 1) Defendant (misunderstanding of facts as to the part of the charge) was merely a representative director of the damaged company’s document, and the victimized company and C Apartment Housing Reconstruction and Improvement Project Association (hereinafter “Union”) as the other party to the lawsuit

The actual operator of the case was E and the claim for proceeds from sale as stated in the facts charged (hereinafter referred to as “instant lawsuit”).

(2) In the event of an appeal, the appellate court made it clear that the withdrawal of the lawsuit by the Defendant would have been revoked in the event of appeal. As such, the withdrawal of the lawsuit by the Defendant would not cause property damage to the victimized company due to the withdrawal of the lawsuit after the judgment of the first instance, nor would the risk of property damage. The Defendant was comprehensively delegated the right to withdraw the lawsuit by E, which is the actual owner of the victimized company, and the Defendant withdrawn for E and thereby the victimized company and E gained considerable profit. Accordingly, the Defendant’s act does not constitute a breach of trust, but the Defendant did not have an intention to commit a breach of trust. (2) In the instant lawsuit by the public prosecutor (misunderstanding of facts and misunderstanding of legal principles as to the acquittal portion of the reason) of the public prosecutor (the Defendant did not have an intention to commit a breach of trust) (the Defendant did not have an intention to commit a mistake

Nevertheless, the court below found the defendant guilty on the charge of occupational breach of trust, and judged the defendant not guilty on the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation). Thus, the judgment of the court below is erroneous in the misapprehension of legal principles as to the calculation of damages and the misapprehension of legal principles, which affected the conclusion of the judgment.

(b).