The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding the facts and misapprehension of the legal principles, the Defendant’s act cannot be deemed to have violated the Defendant’s duty, since it was lawfully calculated in accordance with the relevant provisions, such as the Regulations on Travel Expenses of Public Officials, etc., to the civilian participating in the events in

In addition, there was no intention to obtain awareness that the defendant violated his duty or pecuniary advantage, so there was a criminal intent to commit occupational breach of trust.

shall not be deemed to exist.

B. Along with the occurrence of the risk of damage to the injured party by the Defendant’s act;

It is also difficult to see it.

B. The sentence sentenced by the lower court is too unreasonable.

2. In full view of the evidence duly adopted and examined by the lower court on the assertion of misunderstanding the facts and legal doctrine, the Defendant was in charge of planning and executing various field trips and field learning events, etc., which are held by the Center as a public official affiliated with the fixed-line D, and the Defendant was well aware that the amount of transportation expenses disbursed during the course of the event is paid in proportion to the amount actually used. However, as the Defendant was planning to rent a chartered bus from the beginning, it was well aware that when calculating the transportation expenses to be charged per person with the cost of transportation, the Defendant would have been executed with a budget equivalent to the cost of the leased bus.

Nevertheless, the Defendant arbitrarily uses the difference between the rent and the budget received. In light of specific circumstances, such as the status of the Defendant and the content and nature of the duties in charge, the Defendant’s act may be deemed to be in breach of a fiduciary relationship with the Defendant, by failing to perform an act that ought to be performed as a matter of course in accordance with the statutory provisions or the good faith principle, or by performing an act that is anticipated not to be performed naturally

B. The criminal intent of breach of trust is the result of breach of trust and property damage to the principal.