The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for one year from the date of the final judgment.

1. Summary of grounds for appeal by the defendant;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant is F Co., Ltd. (hereinafter “F”).

(2) As the representative director of the retaining wall of this case, there was no fact that the retaining wall of this case was ordered to receive the retaining wall of this case by submitting the estimated unit price at an unreasonably high level, or in collusion with H to submit the estimated unit price at a lower price than this. At the time when H to the waiver of the retaining wall of this case, F transferred the retaining wall of this case to H under the name of division of property and consolation money for divorce, the Z, the patentee, which caused H to consent to use the patent right of this case, and F was in de facto unable to secure the patent right necessary to perform the retaining wall of this case. Therefore, the Defendant cannot be deemed to have violated the duty as the F representative director, and the Defendant did not have any intention to commit a breach of trust. (2) The Defendant did not borrow KRW 37,300,000,000 among the advance payment of the retaining wall of this case, which was part of the retaining wall of this case, and the Defendant did not receive the retaining wall of this case from H to 750,50,050,00,00,000.

B. The sentence imposed by the court below on the defendant (the penalty of imprisonment for one year, two years of suspended execution, 49 million won) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below, whether the estimated unit price for occupational breach of trust was set unfairly high or not, the defendant, as the F's representative director, shall submit it to Hanhwa Construction while exercising overall control over the affairs of the retaining wall construction of this case at the Seoul Office.