All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years of imprisonment, three years of suspended execution) is excessively unreasonable.

B. Defendant D1) The Defendant Q Co., Ltd. (hereinafter “ Q”) was the Defendant’s act of Co-Defendant A’s allegation of mistake of facts.

) Since there was no substantial loss, it cannot be deemed that there was an act of breach of duty against A. Even if the act of family affairs constitutes a crime of breach of trust, there was no conspiracy between A and a criminal defendant about the distribution of profit margin on stocks, and there was no clear perception that the criminal defendant would inflict Q damage on Q. Nevertheless, the judgment of the court below convicting the criminal defendant, which affected the conclusion of the judgment, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The punishment (fine 10 million won) sentenced by the court below is excessively unreasonable.

C. The Prosecutor (the Defendant A)’s sentence pronounced by the lower court is unreasonable as it is excessively unhutiled.

2. Determination

A. There are circumstances favorable to the defendant, such as the fact that the defendant recognized each of the crimes of this case by the defendant A and the prosecutor, and tried to recover damage by depositing the actual amount of profit acquired by him for Q, and that the AH, a representative director of Q, is the wife.

On the other hand, each of the crimes of this case committed by the Defendant, who was in charge of the affairs relating to the disposal of unlisted stocks during the liquidation procedure, sold stocks held by Q from his status to a low price, instead of making efforts to protect the company’s interests as Q staff, was unjustly sold at a low price. In light of the background, method, frequency, degree of violation of trust, etc., the Defendant’s liability is not less complicated, and there are circumstances unfavorable to the Defendant.

The above circumstances and other ages of the defendant;