The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

except that this judgment.

1. Summary of grounds for appeal;

A. (Defendant B) 1 did not have the awareness that the Defendant had inflicted damage on the victim company, and there was no intention to commit occupational breach of trust.

2) The Defendant and A did not know well about corporate management or legal issues, and prepared a letter of understanding of this case upon the H’s request. As such, the Defendant and A conspired with the Defendant to commit occupational breach of trust against the instant company.

It is difficult to see it.

3) The Defendant and A drafted a letter of understanding of this case

(3) The victim company suffered a specific risk

shall not be deemed to exist.

B. The sentence (the Defendants) sentenced by the lower court to the Defendants is too unreasonable. The each sentence (10 months of imprisonment and 2 years of suspended sentence) sentenced by the lower court is too unreasonable.

2. Judgment on the assertion of mistake of facts (Defendant B)

A. According to the evidence duly admitted and examined by the court below, the following facts are recognized.

1) A was the husband of G who is the representative director under the name of the victimized Company, and the Defendant was the actual manager of the victimized Company, and the Defendant was the auditor of the victimized Company.

On August 2008, the Defendant and A decided to sell 2.5% each of the shares of the damaged company owned by each party to H in order to raise funds for solving personal debts of the Defendant around 2008.

2) On August 13, 2008, H means that the Defendant “H shall invest KRW 300 million in the damaged company, and subject to investment, the victimized company shall provide 5% of the shares as equity interest, and the victimized company shall pay the business profit to H from the time of the initial sales.

A business investment that provides that if a business profit has not occurred for more than three months due to a poor business performance or other unforeseen causes, the injured company shall preferentially pay the total amount including the H’s investment amount of KRW 300,000, the amount payable by profit dividends, and the amount of financing within three months.