The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts or misunderstanding of the legal principles [the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes] Defendant invested funds and claims with the funds of K Hospital (hereinafter “victim’s hospital”) affiliated with the victim medical corporation J (hereinafter “victim”) by the victim medical corporation, and obtained approval from the standing director and the president. Thus, the crime of occupational breach of trust cannot be established.

In order to recover the loss of the victim, the defendant only traded shares upon the recommendation of the employees of the securities company. Thus, the defendant did not intend to gain profit equivalent to the fees to the securities company, and did not intend to obtain the victim's intent or unlawful gain.

The profit equivalent to the fees acquired by the securities company due to the stock transaction of the defendant is naturally incidental to the nature of the stock transaction, and it is not considered that the third party acquired the property profit in the crime of breach of trust.

Although the Defendant did not instruct the employees of a securities company to make a short-term sale of shares, the employees of a securities company, who were employed by the Defendant, to take over the sales of shares, thereby acquiring excessive profits by the securities company.

In such a case, the crime of breach of trust shall be deemed to be established within the scope of benefits equivalent to the commission amount arising from stock transactions within normal scope, and since the profit equivalent to the commission amount cannot be calculated within normal scope, it cannot be deemed that the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which requires the specific amount of profit as a requirement for constituting the crime

As such, the defendant has obtained approval for investing in a fund and a claim, and the defendant has no intention to acquire the intent or illegal gains, or there is no profit acquired by a third party, so the crime of breach of trust is not established, and even if not, there is a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort).