The prosecutor's appeal is dismissed.

The lower court should have further examined what items related to the sales that the Defendant earned in the course of operating H, and if such additional examination is conducted, it can indicate the pecuniary profit of the Defendant.

The lower court acquitted the Defendant of each of the following facts: (a) the Defendant’s profit amount of KRW 1,170,292,100, out of the amount stated in the facts charged; (b) on the ground that the Defendant could not specifically calculate the profit earned by the Defendant from the breach of trust, such as the facts charged in the instant case; (c) on the grounds that the sales amount of KRW 1,170,292,100, out of the amount indicated in the facts charged, to KRW 910,792,10; (d) the lower court, among the facts charged in the instant case, found the Defendant not guilty of each of the facts charged, as to KRW 24,50,000, sales amount of KRW 95 T in the attached list of crimes in the indictment, changed from February 1, 2016 to the person who committed the instant case

In other words, the prosecutor should be recognized as the amount of benefit of the defendant of this case at a maximum of KRW 910,792,100 (excluding KRW 1,170,292,00, the sum of the non-guilty portions for each of the above reasons, 25,500,000).

There is an error of mistake of facts that affected the conclusion of the judgment in determining that the defendant's acquisition of financial gains cannot be recognized, and that the value of financial gains acquired by the defendant cannot be calculated specifically.

The punishment sentenced by the court below to the defendant (one year of imprisonment, two years of suspended execution) is too unfasible.

Judgment

In regard to the assertion of mistake of facts, the court below held that the crime of violation of Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes due to breach of trust or occupational breach of trust is the value of the pecuniary gain acquired (hereinafter "the gain amount") which is more than 500 million won or more than 5 billion won, as part of the constituent elements of the crime, and the punishment is remarkably aggravated according to the amount of profit.