The defendant is innocent. The summary of this judgment shall be notified publicly.

A. Defendant (1) 1 by misapprehending the legal doctrine, the sales contract for the ownership of a resettled housing site concluded by the Defendant with the victim H (hereinafter “instant sales contract”) is invalid in accordance with the main sentence of Article 19-2(2) of the Housing Site Development Promotion Act.

Therefore, since there was no fiduciary relationship to protect or manage the victim’s property according to the instant sales contract, the Defendant cannot be deemed as “a person who administers another’s business” in the crime of breach of trust, the crime of breach of trust is not established.

(2) Even if the offense of breach of trust is recognized, the defendant's act of breach of trust was committed.

(2) The sentence of imprisonment (six months of imprisonment) imposed by the lower court is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Judgment on the misapprehension of the legal principle of the defendant

A. The summary of the facts charged and the key points of the facts charged (1) (B) owned the housing of Cheongju-si (U.D.), but the said housing was expropriated in the E-housing Site Development Project, thereby obtaining the ownership of migrants’ housing sites from the Korea Land and Housing Corporation.

② On April 20, 2009, the Defendant, as B and his children, entered into the instant sales contract with “G” located in Seo-gu, Seo-gu, Seo-gu, Seowon-si to sell the ownership of the housing site for migrants to H in the amount of KRW 30 million, and received full payment of the purchase price under B’s name.

③ On November 22, 2016, B filed an application with the Korea Land and Housing Corporation for the sale of unsettled housing sites, and the Korea Land and Housing Corporation concluded a contract on December 7, 2016 with B to supply unsettled housing sites in the said project district by drawing, and paid KRW 22,514,00 to the Korea Land and Housing Corporation, the purchase price of which is 10% of the purchase price, which is 25,140,000.

(4) However, on November 29, 201, the defendant and B sold the sale right of a resettled housing site to L on a deposit basis of KRW 35 million, and on that day, the purchase price shall be paid.