The prosecutor's appeal is dismissed.

1. On February 8, 2013, the summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) B, while entrusting the management of the public parking lot outside Seoul DD (hereinafter “D public parking lot”), the Defendant, the president of C, without any reporting to B, voluntarily reduced the parking fee from January 1, 2014 to “200 won per five minutes” and during that process, the Defendant, who was the president of C, submitted the estimation data of the operation balance of 2014, applying the “300 won per five minutes” to B’s side.

In addition, Korea Employees F stated to the effect that the Defendant instructed the Defendant to apply the parking fee of KRW 200 per five minutes. In light of the fact that the F did not have any motive to make any false statement, the F’s above statement is credibility.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court’s determination does not immediately mean that C’s collection of parking fees for a public parking lot from “five minutes per five minutes” to “200 won per five minutes” from “five minutes per five minutes,” and it does not immediately constitute a violation of B’s duties, and as such, there was any unfair instruction or involvement of the Defendant in collecting parking fees at a reduced rate, or there was a criminal intent of the Defendant in breach of trust.

On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.

1) Whether the collection of parking fees by reducing the parking fees to KRW 200 per five minutes constitutes an act of violation of the duties (i.e., a contract entered into between B and C on February 8, 2013 under which C entered into between January 1, 2014 to the entrustment management of D public parking lots (hereinafter “instant entrustment contract”) and thereafter, the contract entered into between B and C on February 8, 2013.