The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant received parts produced by Co., Ltd. (hereinafter “victim Co., Ltd.”) and supplied them to customers in the name of E Co., Ltd. (hereinafter “E”) as indicated in the facts charged, and used them to transfer them to E in the name of E. However, the Defendant received remuneration or business activity expenses that the victim company should have paid to the Defendant.

Therefore, even in the above process, the court did not go through legitimate procedures.

Even if the defendant did not have the intention of illegal acquisition, and as long as the defendant's business activity gains profit to the victim company, there is no loss to the victim company.

Nevertheless, the judgment of the court of first instance that recognized the establishment of the defendant's occupational breach of trust as to the facts charged is erroneous in mistake or misapprehension of legal principles

B. The judgment of the court of first instance on the defendant's grounds of unfair sentencing (the fine of KRW 5,00,000) is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts or misapprehension of legal principles, the Defendant asserted the same purport as the grounds for appeal in the first instance trial, and the court of the first instance rejected the Defendant’s assertion while explaining the grounds for judgment at the bottom of “application of the statutes” in relation thereto, and convicted the Defendant of the facts charged.

In the crime of occupational breach of trust, “an act contrary to one’s duty” refers to any act that does not perform any act that is naturally expected under the provisions of law, terms of a contract, or the principle of trust and good faith in light of the specific circumstances, such as the content and nature of the relevant duties, or any act that is naturally anticipated not to perform such act, thereby undermining a fiduciary relationship with the principal. As long as pecuniary advantage or has a third party acquire it and has the third party do so, the intent of intentional or unlawful acquisition is to do so.