A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

A. The Defendant was aware of the fact that the instant loan was made without providing a collateral because the instant loan was made by changing the deposit account of the card sales to the account designated by the victim and deducting the principal and interest from the credit card sales proceeds, and the remaining amount was paid by the Defendant. Since the Defendant was unaware of the fact that the claim for the return of the deposit was provided as a collateral, the Defendant did not have an intention of breach of trust.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. Legal doctrine-misunderstanding of the legal doctrine cannot be deemed that the amount equivalent to the claim received by the transferor of the claim belongs to the ownership of the transferee of the claim. The Defendant signed and sealed the notice of assignment of the claim and performed the duty of the transferor of the claim necessary for preserving the claim. As such, the Defendant is in the position of

shall not be deemed to exist.

Nevertheless, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.

(c)

The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. An ex officio determination prosecutor was under the selective crime No. 355(1) of the Criminal Act, “Embezzlement” under the selective applicable law, “Article 355(1) of the Criminal Act” under the selective charge, and “D gas station located in Mad in Mad station in Made-si” under the selective charge, and the Defendant leased and operated the said gas station as KRW 150 million from E with the lessor’s deposit as KRW 150 million.

On January 23, 2015, the Defendant entered into a contract for a loan of KRW 60 million with the victim well-sustaining Savings Bank, and received KRW 60 million from the damaged party, and entered into a contract for a loan as security for the above lease contract, and entered into a contract for a loan of KRW 150 million with the lessor E, and only on April 20, 2015. < Amended by Act No. 13206, Apr. 15, 2015>