The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Summary of Grounds for Appeal

As to the crime No. 1 in the judgment of the court below claiming a misunderstanding of facts or a misapprehension of legal principles, the Defendant was not the actual representative director of G Co., Ltd. (hereinafter “G”), and thus cannot be the subject of the crime of breach of trust in this case. The court below erred by misapprehending the legal principles

The sentence of the court below (one year and six months of imprisonment) against the defendant claiming unfair sentencing is too unreasonable.

Judgment

In the facts charged in this case, the prosecutor shall revise the part of Paragraph (1) of the facts charged in this case that “G shall obtain property benefits equivalent to approximately KRW 128,516,941,00,000,000” to “G shall obtain property benefits equivalent to approximately KRW 128,516,941,00,000,000,000,000,000,000 won,” and the part of Paragraph (2) of the facts charged in this case which “I shall obtain property benefits equivalent to KRW 257,66,00,000,000,000,000,000,000,000,000,000,000,000,00,000,000,000,000,00

The defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court, even if there are grounds for ex officio reversal of facts or misapprehension of legal principles as seen above, and according to the evidence duly adopted and examined by the court below, it is sufficiently recognized that the defendant acted as the actual representative director of G at the time.

In particular, the Defendant itself recognizes the fact that he disposes of the instant suspended stone, and the Defendant is in a position to make such a disposition in light of the value, etc. of the instant suspended stone in light of the fact that he/she can make such disposition.