The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court, based on the Supreme Court Decision 2002Do4299 pertaining to the management judgment, strictly judged the Defendant’s intent of occupational breach of trust. However, the instant crime of occupational breach of trust is not applied to the Industrial Bank of Korea, which is a factory mortgagee, rather than the victim.

Therefore, the judgment of the court below is erroneous by misapprehending the legal principles.

B. As to the part of the facts charged of mistake of facts in the instant case, it is difficult to readily conclude that the Defendant was aware that he or a third party, by virtue of the perception and consequence of the perception of the duty performance related to the above machinery disposal, would have inflicted damage on the principal. However, there is no other evidence to acknowledge it. However, in light of the fact that the Defendant was indicated by the reference addressee of the e-mail requesting a review of transfer, ② U in charge of practice reported to T as the head of the quality department in the process of transfer, and ③ ordinary executives reported daily business to the representative director, the Defendant was aware that he transferred the vibration measuring instrument of this case to O corporation.

In addition, with respect to the disposal and disposal of seal stamps among the facts charged in the instant case, the lower court determined that it was reasonable to view that the Defendant recognized the victim’s consent or implied consent with respect to the disposal of the existing collateral in connection with the installation of new TV manufacturing equipment. However, since the disposal of the mortgaged property may cause legal problems and thus, it cannot be deemed that the Defendant was aware of the consent of the branch office H of the Industrial Bank of Korea as long as there was no such express consent, and the mortgagee is neither the Industrial Bank of Korea nor the H branch which is merely the branch office of the Industrial Bank of Korea, and the Defendant is the victim.