The defendant shall be innocent.

A. Since the victim of mistake of facts did not have agreed with the victim to set up the second right to collateral security with respect to the F6 households (F6 households) as stated in the judgment of the court below before the release of provisional seizure as stated in the judgment of the court below, it does not constitute an act of breach of trust by setting up the second right to collateral security with respect to the victim.

B. The sentence of the lower court (two years of imprisonment) is too unreasonable in light of all the terms and conditions of sentencing.

2. On October 201, the summary of the facts charged is as follows: (a) the Defendant: (b) made a provisional attachment of the right to claim ownership transfer registration with respect to the claim amounting to KRW 3,50,000,000,000,000,000 for the Defendant’s claim amount; (c) on October 7, 201, the Defendant: (d) made a provisional attachment of the right to claim ownership transfer registration with respect to “(F site) ownership transfer registration; (d) personal registration may be made on the face of the F six households (FF site No. 103, 104, 201, 203, 403, and 404) with respect to the right to claim for the construction payment against the Defendant; and (e) made an order of priority setting up the right to claim ownership transfer registration with respect to the Defendant’s right to claim ownership transfer registration; and (e) made a provisional attachment order with respect to the Defendant’s household immediately following the establishment of the right.

Nevertheless, the Defendant, in violation of his/her duties, set up a second priority mortgage of KRW 50 million against G respectively with respect to October 103, 201, 104, 201, and 203, the second priority mortgage of KRW 60 million with respect to the maximum debt amount; the second priority mortgage of KRW 60 million with respect to the maximum debt amount; and the second priority mortgage of KRW 70 million with respect to the maximum debt amount of KRW 404 with respect to the victims.