The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

It is true that the defendant (misunderstanding of facts or misunderstanding of legal principles) received 1 billion won as piece rates from O Co., Ltd. (hereinafter "victim company") as the defendant (hereinafter "victim company").

However, the determination of the amount of piece rates is a matter of management judgment or discretion of the company, and it is reasonable in light of the defendant's contribution to the company or the management performance of the victimized company. The victimized company is the so-called "family company," and the major agenda was substantially determined through a family meeting without a formal general meeting of shareholders or the board of directors, and the payment of piece rates in this case was actually permitted by the family meeting. Thus, the defendant's acceptance of piece rates in this case from the victimized company cannot be deemed as embezzlement.

In addition, the instant performance bonus against the Defendant was paid by the victimized company in compliance with both the method and procedure in which the victimized company paid performance-based pay and had gone through a normal accounting procedure. Moreover, even if the Defendant, the largest shareholder of the victimized company, is not performance-based pay, he/she can receive KRW 1 billion as a lawful dividend even if he/she is not the maximum shareholder of the victimized company, and thus, he/she cannot be recognized as the intent of embezzlement or illegal acquisition

In light of the public prosecutor’s mistake or misunderstanding of legal principles, the Defendant’s 4.3 billion won of L Co., Ltd. (hereinafter “L”)’s 4.3 billion won of the loan obligation without giving any benefit to the victimized company, thereby causing the victimized company to incur damages by itself. Moreover, L’s friendly share ownership of the entire shares of the Defendant and the Defendant’s friendly parent, is an act of having the victimized company bear unfair debt obligations for the personal interest of the Defendant, and constitutes breach of trust.

M Co., Ltd. (hereinafter referred to as .)