All appeals by the Defendants and the Prosecutor are dismissed.

Summary of Grounds for Appeal

Each document submitted by the defense counsel of the Defendants after the expiry of the period for submitting the grounds of appeal shall be considered to the extent that it supplements legitimate grounds for appeal.

Defendant

A misunderstanding of facts and misunderstanding of the legal principles (as to the receipt of property in breach of trust), Defendant A asserted misunderstanding of facts and misunderstanding of the legal principles as to the act of occupational breach of trust found guilty, but it was explicitly withdrawn during the second trial.

Unless there is a need to separately state in the defendant's assertion that there is no quid pro quo relationship, the name of the defendant is not indicated in the item of the relevant defendant, and the remaining defendants are named as the name of the defendant, and when they are named together, they are "the defendants".

The money received from the representative director B of the D Co., Ltd. (hereinafter referred to as “D”) (hereinafter referred to as “the money of this case”) is merely retirement consolation money and not the cost of withdrawal of lawsuit. The money of this case consists of property equivalent to KRW 172 million received from B through E on October 21, 2016 and property gains of KRW 30 million acquired by the Defendant exempted from debt 30 million due to D on the same day.

Even if the defendant alleged that the amount of collection is excessive, the crime of taking property in breach of trust is acknowledged, the principal name of the money in this case is retirement consolation benefits and the withdrawal of the lawsuit is merely an incidental name.

Nevertheless, it is excessive for the court below to collect the full amount of KRW 200,000 from the defendant.

The punishment sentenced by the court below on unfair sentencing (one year and six months of imprisonment, two years of suspended execution, and additional collection 22 million won) is too unreasonable.

Defendant

B With regard to misunderstanding of facts and misapprehension of the legal principles, Defendant B and the defense counsel shall assert misunderstanding of facts and misapprehension of the legal principles as to the giving of the giving of the giving of the testimony of breach of trust.