A. The court below found the defendant guilty of the charge of occupational breach of trust and the charge of breach of trust from C, although the victim company, which is the entrusted meal service company, is unable to provide the mobile meal service directly, but can provide the mobile meal service to the contracting party in cooperation with the mobile meal service company. Thus, the defendant has a duty under the good faith principle to report the case of the mobile meal service contract to the victim company. Accordingly, considering the fact that the defendant can confirm that there is an implied illegal solicitation from the fact that he/she provided information on the mobile meal service contract and received money, the defendant can be found guilty of the charge of occupational breach of trust and the charge of breach of trust from C, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (a sum of three million won) is too unhued and unfair.

2. Judgment on the assertion of mistake of facts

A. The prosecutor of the amendment of the indictment maintains the existing facts charged (the point of occupational breach of trust and the point of occupational breach of trust from C) that the court below acquitted on the charge of the violation of occupational breach of trust, while maintaining it as the primary facts charged.

1) As stated in Paragraph 1, an application for changes in indictment was filed with respect to the addition of the ancillary facts charged, and this Court permitted the addition to the subject of the adjudication.

B. 1) The judgment of the court below on the primary charges of breach of trust in each business sector, 1) the company that operates the entrusted meal service business is not allowed to operate the mobile meal service business, and 2) the victim company is a company that operates the entrusted meal service business in accordance with the Food Sanitation Act, and 2) the victim company is a company that operates the entrusted meal service business, and 3) the victim company enters into a contract for "modal service" with I or L.