The prosecutor's appeal is dismissed.

The gist of the prosecutor's appeal is that the defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (in part) by misunderstanding the facts and misapprehending the legal principles, and the defendant violated the duties required by the Commercial Act because he did not go through all the procedures required by the Commercial Act when he comprehensively transfers G water datum to the damaged company (hereinafter "transfer of business in this case").

At the time of the transfer of the business in this case, the assets for the equipment of G Suwon datum was assessed in KRW 1,078,393,698 or in excess, and was included in the item of the human body of the damaged company. The disposal of losses by the processed assets cannot be carried out without the involvement of the defendant who is the representative director, and the amount was considerable in light of the fact that the defendant was aware of such fact at the time of the transfer.

Therefore, the intention of breach of trust is also recognized.

B. V., even if the actual damage did not occur, the risk of actual damage to property is caused, and thus, damage to the property of breach of trust occurs.

The Defendant violated his duties under the law or the good faith principle on the ground that he did not go through all procedures such as going through a resolution of the board of directors with respect to the acceptance of an unexpected contract with H, etc., or seeking prior consent from the injured party.

From December 3, 2013 to January 23, 2015, the Defendant served as the representative director of G Co., Ltd. (hereinafter referred to as “damage Co., Ltd”) with the F3th floor located in Suwon-gu, Suwon-gu, Suwon-si, Suwon-si.

On January 15, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) comprehensively transfers the G water datum of the Defendant’s personal business chain to the damaged company based on his/her financial status on January 31, 2014. As such, the value of G water datum is fairly assessed and transferred to an appropriate price, and the value of G water datum is transferred to and taken over at an appropriate price. The assets are convened by convening a board of directors or a general meeting of shareholders in accordance with the provisions on the limitation of acquisition of important assets