The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. (1) In fact, at the time of establishment of G, the victim company has already decided to suspend the first sale of the products and had no further income, so the Defendant’s act cannot be deemed as a violation of the victim company’s occupational duties, and there was no concern about the loss of the victim company.

(2) Even if it constitutes a violation of occupational duties, the sales of S, T, U, and V, as stated in the list of transaction details arranged by I, should be excluded from criminal facts, and WX, which is not considered as an existing customer of the victim company, should also be excluded from criminal facts.

(3) The interest rate for the first sale of the victim company is not 5.7%, and thus, the calculation of property damages based on this is unreasonable.

B. The punishment of the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. (1) Determination on the assertion that there was no risk of damage, rather than breach of trust, (1) the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the complainant’s agent stated that there was no fact that the business was suspended for the first time, ② the text message sent by the Defendant, which had ordered the suspension of the first time sale from the victim’s company, refers to the victim’s representative E does not trade with the Defendant in bad business place.

Only the contents of the instructions are confirmed, and they do not include the contents that can be inferred that the defendant did not engage in the case sales business or that such instructions were given. ③ At the time of the defendant's entry, the head of the victim company was working as the head of the division, and the defendant was working in the non-age business division.

M There is a time to temporarily suspend the initial revenue due to the storage storage fees, but the first sale itself is the first sale.