All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (the point of occupational breach of trust) 1) Defendant A held office from September 22, 2016 to October 27, 2016, and Defendant B held office as the representative director of the victimized company from October 27, 2016 to October 27, 2016, and thus the crime of occupational breach of trust against the victimized company should be deemed to be constituted only for the relevant Defendant separately from each crime committed during the term of office of each representative director. However, the lower court erred by recognizing the Defendants as co-offender of the crime of occupational breach of trust as to all the charges as stated in the facts charged (hereinafter “the

(2) As for the crime of occupational embezzlement committed on September 29, 2016, the Defendants did not have any risk of incurring KRW 200 million at the time of lending the said money to D, and D did not incur actual damage to the damaged company by repaying the said money before the due date. Therefore, the crime of occupational embezzlement was not established, and the Defendants did not have any intent to commit occupational embezzlement.

(hereinafter referred to as “section 2”). (b)

The sentence of the lower court on unreasonable sentencing (Defendant A: one year of imprisonment, two years of suspended sentence, one year and six months of imprisonment, and three years of suspended sentence) is too unreasonable.

2. Judgment on the assertion of mistake of facts or misapprehension of legal principles (the point of occupational breach of trust)

A. The facts charged C Co., Ltd. (hereinafter “victim”) is a broadcasting and communications equipment company established in 1996 and registered on KOSDAQ on December 14, 199, and whose listing is abolished on or around September 8, 2016 by recording at least two half of the total capital erosion rate.

Defendant

A was the representative director of the victimized company from September 22, 2016 to October 27, 2016. From March 30, 2016, Defendant B was the representative director of the victimized company from October 27, 2016. From March 30, 2016, Defendant B was the representative director of the victimized company from March 27, 2016. From March 30, 2016, Defendant D was the internal director of the victimized company from July 24, 2015, and was the internal director of the victimized company from March 30, 2016 to June 30, 2017.

The injured company shall record at least 50% of the capital potential rate in the second half of 2015.