A. Although it was impossible to objectively expect revenues at the time of mistake of facts and misapprehension of the legal principles, due to the Defendants’ efforts, the successful bid price of real estate subject to auction (U.S. G land and buildings in Gwangjin-gu) and the amount subject to dividend was formed in a higher manner than the expected amount, making profits accrue. As such, it is not a case where the Defendants did not have any profits that could have objectively been expected due to the Defendants’ act of breach of their duties, and thus

In light of the fact that at the time of investment, Defendant A provided investment opportunities to other officers and employees of C Co., Ltd. at the time of investment and consented to the investment, Defendants purchased the remainder of claims except for the claim subject to subrogation in their personal name in order to maximize dividend profit, and C Co., Ltd. did not have sufficient means to invest the remainder of KRW 15 million except for KRW 1.9 billion, it cannot be deemed that the Defendants had the intent to commit occupational breach of trust.

B. The lower court’s sentence against the Defendants on unreasonable sentencing (Defendant A: imprisonment of one and half years, three years of suspended sentence, one year of suspended sentence, one year of suspended sentence, two years of suspended sentence) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the Defendants alleged that they are similar to this part of the grounds for appeal, and the lower court rejected the Defendants’ assertion on the grounds of detailed reasons in the “2. Judgment” Item 5 of the judgment.

In addition to the facts and circumstances acknowledged by the lower court in light of the records of this case, the lower court’s judgment convicting the Defendants of the facts charged of this case on the premise that the Defendants had an intention to commit occupational breach of trust, is just and acceptable, and the lower court’s judgment is erroneous or erroneous.