The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 10,000,000.

The above fines are imposed by the Defendants.

1. Summary of grounds for appeal;

A. In relation to Defendant A’s occupational breach of trust, Defendant A collected K building and existing loans secured by the land and carried out L according to management judgment in order to reduce the loss of the credit cooperative. Defendant A’s act did not cause damage to the credit cooperative of the victim, and even if so, Defendant A did not have the intention of occupational breach of trust.

B) As to occupational embezzlement, Defendant A did not have ordered Defendant B to pay attorney's fees with the expense of the victim's safe. Furthermore, even if Defendant B allowed Defendant B to pay attorney's fees with the expense of the victim's safe, Defendant A was merely for the benefit of the victim's safe, not for the benefit of the Defendants. Thus, Defendant B did not intend to obtain illegal gains. Defendant B performed a loan to Defendant B with the intent of recovering the existing loan secured by the building and its land and to compensate for the loss of the victim's safe. Defendant B did not incur damage to the victim's safe, and even if so, Defendant B did not have the intention of occupational breach of trust. Defendant B did not intend to pay attorney's attorney's fees with the expense of the victim's safe. Defendant B did not intend to recover the existing loan secured by the building and its land and did not intend to obtain unlawful gains.

B. The lower court’s respective sentences (eight months of imprisonment, two years of suspended execution, and 80 hours of community service) imposed on the Defendants are excessively unreasonable.

2. Determination

A. Judgment on the assertion of mistake of facts 1) As to the occupational breach of trust