The defendant's appeal is dismissed.

Summary of Grounds for Appeal

In the form of the victim company, the defendant was merely the representative director of the victim company, and the defendant was only prepared and delivered the petition abortion (hereinafter referred to as "the petition abortion of this case") around May 2018 according to N's direction following consultation between M and N, which exercised the actual right to operate the victim company.

The defendant's act of preparing and delivering the written complaint of this case does not constitute a breach of trust, and the defendant does not have an intention to commit a breach of trust.

The sentence of unfair sentencing (one year of imprisonment, two years of suspended execution) of the lower court is too unreasonable.

As to the Defendant’s assertion of the same purport as that of the lower court’s judgment on mistake of facts and misapprehension of legal principles, the lower court determined that the Defendant’s act of preparing and delivering the instant petition form constitutes occupational breach of trust and the Defendant’s intentional breach of trust, in full view of the following circumstances:

1) Even if the defendant is only a representative director in the form of inside the victim company, the representative director is registered in the corporate register of the victim company and externally represents the company. Thus, there was a duty to perform business affairs so as not to cause property damage to the victim company within the scope of authority against the lawsuit filed against the victim company. 2) Nevertheless, the defendant filed a loan claim lawsuit against the victim company against D (hereinafter “D”) and filed a lawsuit claiming loans amounting to KRW 1.28 billion against the victim company, etc., and the existence of the above loan claim is disputed in the lawsuit, the defendant prepared and issued the written request for the loan claim to L, who is the representative director of D, the party to the lawsuit.

3 In light of the form and content of the instant petition form, “the letter of claim recognition” is “the case 2016Gahap51832,” “Plaintiff-Appellant D,” and “Defendant-Appellant Co., Ltd., Ltd., and one other prior to the change of the Victim Co., Ltd.,” under the title “the letter of claim recognition”.