All appeals filed by the defendant and prosecutor are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

1. Summary of grounds for appeal;

A. Prosecutor 1) The lower court erred in its determination of facts (related to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) due to the issuance of a bill to S who was acquitted of the original trial on the grounds, and the occupational breach of trust due to the issuance of a bill to X] from the Defendant C (hereinafter “victim Co.

(2) The lower court determined that the Defendant’s act of abuse of the Defendant’s power of representation at the time of the receipt of a promissory note in the name of the S/X did not reach the maturity and did not constitute an attempted crime. In so doing, the lower court erred by misapprehending the legal principles as to the facts charged, which led to the failure to exhaust all necessary deliberations. 2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too uneasy and unreasonable.

B. The punishment sentenced by the lower court is too unreasonable.

2. Determination

A. Even if the representative director of the 1-related legal doctrine regarding the prosecutor’s assertion of mistake has committed an act in violation of his/her duties, such as abuse of representative authority, and thus, the act is valid as a group of the company’s act. However, if the other party knew or could have known the representative director’s intention, it

Therefore, if the other party knew or could have known the abuse of the power of representation, the obligation to bear is not, in principle, effective against the company, and even from an economic point of view, such fact alone resulted in real damage

It is difficult to evaluate that the occurrence of damage or damage has caused the risk, and otherwise, the performance of the obligation has been actually performed due to the act of obligation burden.

Unless there are circumstances such as the company's liability for tort under the Civil Act, it does not lead to the acceptance of the crime of breach of trust.

However, the representative director of a stock company shall abuse his power of representation, etc.