The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that the Defendant’s transfer of the right to newspaper, trademark right, etc., the sole property of the Co., Ltd. (hereinafter “B”) to E (hereinafter “E”) without compensation, even if the act is legally null and void as an abuse of power of representation, the active property of B itself is reduced, and at the same time, may cause economic or property damage to the present or future form, and the crime of breach of trust is established. However, the lower court erred by misapprehending the legal doctrine on this, thereby adversely affecting the conclusion

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

In the trial of the court, while maintaining the part of the court below acquitted the defendant as the primary charge, the prosecutor applied for the amendment of the indictment with respect to the criminal facts, the name of the crime, and the applicable provisions of Article 359 of the Criminal Act, respectively, to add "an attempted occupational breach of trust" to the applicable provisions of the crime, and the subject of the trial was changed by this court's permission.

As examined below, inasmuch as this Court rendered a not guilty verdict of the primary facts charged and convicted of the conjunctive facts charged, the judgment of the court below that only the previous primary facts charged can no longer be maintained.

However, despite the existence of the above reasons for ex officio destruction, the prosecutor's assertion of misapprehension of legal principles is still subject to the judgment of this court, and this is examined.

B. The lower court, based on the evidence duly admitted and investigated by the prosecutor, determined the misapprehension of the legal doctrine (mainly charged part), 1. The Defendant, the representative director of B, was delegated to the executives and employees of B, etc. due to financial difficulties, etc., and the executives and employees of B continue to issue “F” issued by B.