1. Revocation of the first instance judgment.

2. Upon the selective claims added in the trial,

A. The defendant is about 495,622 to the plaintiff.

1. Basic facts

A. From March 25, 2008 to June 8, 2009, the Defendant was engaged in overall management of the company including the purchase of all parts and personnel, financial and accounting funds as the representative director of the Plaintiff.

B. The Plaintiff has been directly purchasing from the sotex Co., Ltd. (hereinafter “ Sotex”) the part of sotex (name BL-4CRB4).

However, around November 2008, the Defendant changed the transaction method so that C Co., Ltd. (hereinafter “C”) purchased from Sokex to purchase again.

C. Accordingly, the Plaintiff purchased 2,927,745 pcfics purchased by C from C in total of KRW 57.66 won per 168,823,610 from C in total, KRW 68 won per unit, KRW 199,086,60 in total, KRW 30,263,050, which is the difference, and subsequently, purchased ccfics as shown in the separate sheet by June 2009.

As a result of the above transactions, C acquired profits equivalent to KRW 495,622,361, which deducts KRW 462,919,879, which is a legitimate consideration for taking charge of the Plaintiff’s logistics management in total amount of 958,542,240 won of the difference in the unit price of clffics.

On March 3, 2010, the Plaintiff filed a criminal complaint against the Defendant on the ground that the Defendant provided property benefits to C and inflicted damage on the Plaintiff.

The defendant was indicted for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) (Seoul Central District Court 201Gohap1661), and the same court is the same.

As stated in Paragraph C, the act of providing financial benefits to the Plaintiff and causing damage equivalent to the same amount to the Plaintiff was recognized as a crime of occupational breach of trust, and the Defendant was sentenced to imprisonment with prison labor for one year and six months and three years of suspended execution.

The prosecutor and the defendant appealed both, and the appellate court recognized the guilty part of the above criminal judgment as it is, and only the sentencing is sentenced to imprisonment for two years and suspended sentence.