The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the defendant is the president of the medical corporation D (hereinafter referred to as "D"), and as the president of the medical corporation D (hereinafter referred to as "the above foundation"), the defendant was not guilty of the facts of the facts charged in this case or of the violation of the rules of evidence which affected the conclusion of the judgment by misapprehending the facts or violating the rules of evidence, although it was sufficiently recognized that the defendant embezzled the entire amount of KRW 220 million for personal use without including the amount of KRW 15 million in the book.

2. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle

A. The prosecutor shall maintain the existing facts charged as the primary facts charged, and the name of the crime in preliminary order shall be "occupational Breach of Trust" and the applicable provisions of law shall be "Articles 356 and 355 (2) of the Criminal Act" and the facts charged shall be below.

Paragraph 1) as stated in Paragraph 1, an application for amendment to Bill of Indictment was filed, and this Court permitted it and added to the subject of the judgment. (B) The summary of the primary facts charged in the instant case was working as D president from around 1995 to September 2006, and the Defendant overall control over all the tasks, including fund management, of the Foundation.

The Defendant, around April 22, 2005, leased to lessee F an additional area of 82.5 square meters of an underground floor to lessee F, and received KRW 220 million in total on three occasions, such as KRW 100 million in tin, KRW 15 million in around 25th of the same month, KRW 15 million in around 29 million in around the same month, and KRW 15 million in around 29th of the same month.

The defendant is above.