The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal: Error of mistake of facts or misapprehension of legal principles and unreasonable sentencing

A. misunderstanding of facts or misunderstanding of legal principles 1) A stock company B in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “instant company”).

(2) A claim sale business can be lawfully conducted, and if a defendant sells bonds through personal or physical facilities of the company of this case, the profit should be attributed to the company of this case, and thus, the defendant has a business duty to manage the business in order to make maximum profit to the company of this case in the course of the claim sale. In addition, the transaction as stated in the facts charged is the bond sale, and the profit margin of the transaction should be attributed to the company of this case. Even if the transaction is the bond sale, even if it is the bond brokerage, the transaction element of the transaction is ultimately involved in the claim placement process, and thus, the company of this case is ultimately 897.5 million won in profit margin of the transaction. 2) The court below held that the defendant is not the accomplice in the occupational breach of trust of H, even if the defendant is not the accomplice in the occupational breach of trust of H, and thus, it does not constitute a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

However, since the above amount is not the name of the distribution of criminal proceeds, it should be recognized as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Additional Economic Crimes, etc.) for the whole amount of KRW 320 million.

B. The sentence imposed by the lower court on the Defendant (three years of suspended execution in two years and six months of imprisonment, and one hundred and twenty hours of community service) is too uneased and unreasonable.

2. Determination

A. Judgment on mistake of facts or misapprehension of legal principles 1.