A. Fact-misunderstanding and misapprehension of legal principles (the part on occupational breach of trust) concluded a lease agreement with the victim company through consultation with AF, which is the actual owner of the victim company at the time of the conclusion of the instant lease agreement with the victim company. The victim company was liable for the amount of KRW 200 million borrowed from Z and the joint defendant A, etc., but the victim company was liable for the amount of KRW 200,000,000 by concluding the said lease agreement.

Since the existing debt equivalent to KRW 200 million is set off against the claim of KRW 100 million of the above lease deposit and the debt equivalent to KRW 200 million has been extinguished, there is no damage actually suffered by the victim company.

Even so, the lower court erred by misapprehending the legal doctrine on the crime of breach of trust or by misapprehending the legal doctrine on the judgment, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one year and eight months of imprisonment) is too unreasonable.

2. Determination

A. In determining the misunderstanding of facts and legal principles, the case of causing property damage in the occupational breach of trust refers to the case of causing property damage to one’s own property status as a whole, including the case of causing property damage as well as the case of causing property damage.

In addition, the judgment on the existence of property damage shall not be based on legal judgment, but be judged in substance from an economic point of view, and once the risk of damage has been caused, the damage has been restored later.

Even if a breach of trust does not affect the establishment of the crime of breach of trust (see Supreme Court Decision 2014Do17180, Nov. 26, 2015). The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant, at the time of the instant lease agreement, bears the Defendant’s obligation to Z or Z or Zin, one’s own knin at the time of the instant lease.