The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence of the lower court (two years and six months of imprisonment, and three years of suspended execution) is too unhued and unreasonable;

2. The amount of damage caused by occupational breach of trust in this case is not at least KRW 39 billion, and the amount of the funds raised was used mainly for the abnormal purpose that is difficult to spend by undergoing official procedures inside the victim company.

It cannot be deemed that such an act for raising funds is a socially acceptable universal practice, and there is a high possibility of social criticism in terms of securing transparency in corporate operation and eradicating illegal raising of funds.

On the other hand, the Defendant provided some of the funds created as above to public officials belonging to the Busan Regional Land Management Agency, which is the management supervision agency of the construction site of this case, as a bribe, thereby significantly damaging the general public’s trust about the uncertainty of public duties and fairness and integrity of public officials’ performance of their duties.

In addition, the total sum of the bribe offered as such is not certain.

These circumstances are disadvantageous to the defendant.

On the other hand, with respect to the crime of occupational breach of trust, ① the victim company is not subject to the punishment of the defendant, most of the profits from the crime of occupational breach of trust in this case was used as site expenses, etc. of the corporation in this case, and the defendant seems to have not acquired personal benefits from the money, the defendant faithfully worked for the victim company for a long time, the defendant was retired from office as a recommendation agency due to the crime in this case, ② the defendant seems to have actively failed to make an illegal solicitation in relation to the public official's duties while giving a bribe, ③ other than others, the defendant is against himself, and there is no specific criminal records except for the punishment of fines twice due to the violation of administrative regulations.