The appeal is dismissed.

The grounds of appeal are examined.

A crime of breach of trust is established when a person who administers another's business obtains pecuniary advantage or has a third party obtain it by acting in violation of his/her duty and thereby causes loss to the principal. "When property loss is inflicted" includes not only cases where property loss is inflicted but also cases where the risk of actual damage has been inflicted.

For the reasons indicated in its reasoning, the lower court, based on the circumstances acknowledged by the lower court, found that the Defendant’s issuance of each of the Promissory Notes in this case and delivery of the authentic copy of each process deed, caused damage to the victimized company as property or the risk of actual damage.

It was determined to the effect that there is no other evidence to acknowledge it.

The judgment below

Examining the reasoning in light of the above legal principles and the records, although some of the reasoning of the court below is not appropriate, the court below did not err by misapprehending the legal principles as to abuse of power of representation, establishment of breach of trust, property damage, etc. as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty portion of the judgment of the court below does not indicate the grounds of objection to the petition of appeal or the reasoning of appeal

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.