The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding the facts as to occupational breach of trust, and misunderstanding the legal principles, the Defendants spent part of the aggregate of 21,200 square meters of land (hereinafter “P land of this case”) owned by the K Co., Ltd. (hereinafter “K”) to the funds borrowed by K, which totaling KRW 326,089,730, such as registration tax and registration expenses incurred in the trust in the name of L, M and N, and furthermore, the Defendants’ offering of real estate owned by K as security during the loan process was for the sake of pursuing private interest, and the intent of breach of trust is recognized.

Nevertheless, the court below rendered a not-guilty verdict on the charge of occupational breach of trust, which is erroneous in the misunderstanding of facts and in the misunderstanding of legal principles as to the intention of breach of trust, which affected

B. The separate business chain AF AE Co., Ltd. (hereinafter “AE”) established by the misunderstanding of facts and legal principles concerning occupational embezzlement by the Defendants to continue the real estate development project in which K had been in progress is different from K.

Therefore, the defendants' use of the proceeds from the sale of land owned by K for AFB AE constitutes occupational embezzlement against K.

Nevertheless, the court below rendered a not-guilty verdict on occupational embezzlement, and there is an error of law by misunderstanding facts and by misunderstanding the legal principles on the intention of embezzlement, which affected the conclusion of the judgment.

2. Determination:

A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

1) During the expenditure process of KRW 326,089,730 for the registration of transfer of ownership of K and nominal trustee L, etc. under the name of the Defendants: (1) K acquired the ownership of the instant P land and conducted the housing site development project on the relevant land; and (2) K obtained gains from selling the market price at a higher price; or (3) carry out a project for selling apartment on the relevant land (hereinafter “P project”); and (4) a public auction is conducted.