All appeals filed by the prosecutor against the Defendants are dismissed.

1. In full view of each evidence submitted by the prosecutor, the court below found the Defendants guilty of the charge of breach of trust, but erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The summary of the facts charged is serving as the president of the E Union (hereinafter “victim”) which is the victim of the Daesung-gu and the second floor from May 25, 2010 to May 24, 2013, and Defendant A has been in charge of exercising overall control over the performance guarantee project for the disposal of abandoned waste (hereinafter “instant project”). Defendant B has been in charge of exercising overall control over the performance guarantee project for the disposal of abandoned waste of the said Union from September 10, 2012 to July 23, 2013, and has been in charge of controlling and supervising the secretariat by directing and supervising the secretariat from around September 10, 2012 to around July 23, 2013.

The victim association is a juristic person with the main purpose of guaranteeing the disposal of abandoned waste of its members. According to the articles of association and mutual aid regulations of the above association, a waste disposal business operator who joins the above association shall pay the contributions and mutual aid fees calculated in accordance with the above articles of association and mutual aid regulations to the above association. In order to discount the above contributions and mutual aid fees, the victim association shall, with the resolution or approval of the board of directors, discount in consideration of the subscription period of its members, the risks of wastes subject to performance guarantee, etc. Therefore, the Defendants had duties to calculate and pay the contributions and mutual aid fees

Nevertheless, the Defendants conspired to act in violation of their occupational duties, and Defendant A is a new member in such a manner as to grant a discount on contributions and mutual aid fees to the members of the Association by up to 2015, a contribution of KRW 10 billion, a contribution of KRW 10 billion, and a contribution of KRW 1.5 billion.