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The judgment of the court below is reversed.

Reasons

In light of the fact that the defendant, who was the representative of E Co., Ltd., on behalf of the above company, concluded a sales contract with the victim F on behalf of the above company concerning the part of the building on the ground D (hereinafter “instant commercial building”) on behalf of the above company, committed the crime of breach of trust in order to borrow funds necessary to remodel the instant commercial building as agreed with the victim F, and actually used the borrowed money as remodeling construction cost, and did not make personal consumption; the defendant planned and intentionally not commit the crime of breach of trust in this case; the defendant did not commit the crime of breach of trust in this case; the victim F made a decision decided in the civil lawsuit instituted against the above company; the damage suffered by the victim F can be recovered; the defendant approved the crime of fraud in this case; the defendant committed the crime of fraud in this case; the defendant deposited 10,000,000 won to the victimJ; and the defendant did not have any history of criminal punishment, etc., six months of imprisonment with prison labor is too unfair.