The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (based on fact) is as follows: (a) the Defendant, in charge of the affairs of concluding an aircraft lease agreement, changed to the disadvantage of “G”, “B” corporation (former C Co., Ltd.; hereinafter “former C Co., Ltd or “victim”) without the consent of “B” corporation (former C Co., Ltd or “B”) to another engine having a low performance compared to the initially discussed engine, but was in violation of one’s duties and received impliedly and without reporting it to the representative director, etc. of the company; (b) thereby, the Defendant violated his duties and received it. As such, there was a property damage equivalent to USD 2 million U.S. dollars in relation to the difference between the rent of an aircraft without an engine defect and the rent of an aircraft having an engine defect (hereinafter “U.S. dollars” in both refer to US dollars and omitted). Therefore, it is deemed that the intention and the

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

2. Determination on the grounds for appeal

A. The summary of the facts charged in this case is that the Defendant worked as the Chief of the Maintenance Headquarters from January 2, 2017 to February 1, 2018, and was in charge of the affairs related to the introduction of the aircraft of the said company. From April 19, 2017, the Defendant was in charge of the affairs related to the lease of the aircraft to be used by the said company at the Seoul office of the said company located in Gangseo-gu Seoul Metropolitan Government D from around April 19, 2017. On May 25, 2017, the Defendant introduced the said company as an aircraft leasing arbitrator, and entered into an agreement with the said company on the increase in terms of the introduction of the aircraft with respect to the introduction of the aircraft, and concluded the agreement with the said company on July 25, 2017, to select the aircraft to be leased with the proposal of the foreign company called "G", "H", "J", "J", "K", and "M" on July 24, 2017.