A. In fact-finding, the defendant refused to pay the amount to D on the ground of the defendant's obligation to C and did not pay the amount to D inevitably. In addition, the defendant agreed to borrow the unpaid amount of KRW 12 million between D and D, the defendant did not commit an act in violation of his duty against D, but the judgment of the court below which found the defendant guilty of the crime of breach of trust and affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by the court below and the court of first instance based on the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., (1) the defendant joined six unit of the number system operated by C from December 2009, and paid the fraternity amount received from D as an intermediate subject, and (2) the defendant did not pay the fraternity amount received from D from August 201 to C at the time, and (3) the defendant bears monetary liability to C at the time of paying the fraternity amount of 25,00 won, and the defendant would pay the fraternity amount of KRW 2,00,000 and KRW 13,90,000,000 and KRW 2,000 to be paid to D, and (4) the defendant would have received the installments amount from D on the ground that it would have to be paid more than 1,200,000,0000 won, and 3,000,000 won.