A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

A. Fact-misunderstanding or misunderstanding of legal principles that the defendant transferred the ownership to the victim D to the victim E-Ba 203 is due to the lending agreement.

The obligation of a debtor to perform in accordance with the terms and conditions of an agreement in a promise to repay real estate in order to bear the obligation to the creditor due to consumption, borrowing and lending, etc. and to secure this, constitutes “one’s own business” unless there are special circumstances, and cannot be deemed as falling under “any other person’s business” as referred to in the crime of breach of trust.

Therefore, although the defendant is not in a position to manage another person's business, the judgment of the court below which found the defendant guilty of the crime of breach of trust is erroneous by misapprehending the legal principles or affecting the

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

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

A. In the first instance trial, the prosecutor applied for changes in indictment with the content as stated in the facts constituting the crime and the court permitted it, and the judgment of the court below was no longer maintained.

B. In addition, with respect to a case that does not constitute death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years, a trial may be conducted without the statement of the defendant, as prescribed by the rules of the Supreme Court, where the location of the defendant cannot be confirmed even six months after the receipt of the report on the failure to serve on the defendant pursuant to Article 23 (hereinafter “Special Provisions of this case”) of the Act on Special Cases concerning the Promotion, etc. of Litigation (hereinafter “Special Provisions of this case”).

However, the defendant who was convicted pursuant to the special provisions of this case shall be held liable for the judgment.