The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant E (hereinafter “victim”) asserting misunderstanding of facts or misunderstanding of legal principles as to occupational breach of trust

(2) The Defendant’s act of establishing and operating “G” does not constitute an act of breach of duty as a business employee of the victimized company, and thus does not constitute a risk of property damage to the victimized company, and the Defendant did not intend to commit a breach of trust. However, the lower court erred by misapprehending the legal doctrine on the acquisition of the HP equipment through misunderstanding of the fact that the Defendant was guilty of the breach of trust by misapprehending the legal doctrine on HPP’s acquisition of the equipment through misunderstanding of the fact that the Defendant was guilty of the breach of trust of the victimized company (hereinafter “the Plaintiff’s acquisition of the equipment”).