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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor 1) Error of facts (the charge of occupational breach of trust among the charges of this case) Defendant Co., Ltd. D (hereinafter “D”)
(2) On January 20, 2010, the first contract entered into with the listed farming cooperative on January 20, 2010 was a leading contract with the effect that it would normally purchase high-frequencys. However, the Defendant concluded a second contract with the content that it would incur a large amount of loss to the listed farming cooperative on July 2010, thereby changing the essential content of the sales contract into a fee similar to a monetary lending contract. As a result, the O farming cooperative obtained economic benefits equivalent to the difference between the reasonable market price of both waves and the selling price, while the victim suffered economic benefits equivalent to the difference between the reasonable market price of both waves and the selling price, while the victim was unable to obtain such profit, there was an error of misconception of facts in the judgment of the court below finding the Defendant not guilty of this part of the charges.
B. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (of the facts charged in the instant case, the Defendant did not obtain a loan from the Agricultural and Fishery Marketing Corporation for the operation revitalization fund of the Si/Gun distribution company in 2010 without the intention of using it for the specified purpose, and the amount of KRW 500 million out of KRW 3 billion from the funds borrowed according to the management judgment after obtaining a loan of KRW 3 billion as planned at the time of the designation of the Si/Gun distribution company of the Korea Agricultural and Fishery Marketing Corporation in 2010 was merely a term deposit of KRW 2.5 billion from the funds borrowed according to the management judgment. The above amount of KRW 2.5 billion was provided as security for a term deposit and used for the specified purpose, and the Defendant deposited the above amount of KRW 2.