The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles

Since only the right to operate a place of business has been transferred to K, the screen golf machine itself has not been transferred, and the re-purchase of the screen golf machine has been consistently discussed with the victim as a plan to repay the loan principal to the victim by re-purchasing the screen golf machine, and there has been the intent of the defendant to commit a breach of trust or to commit a crime in breach of trust against the defendant.

The judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles.

B. The sentence of the lower court’s improper sentencing (one year of suspended sentence for six months of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The Defendant is a person who operates a golf practice hall screened with the trade name “D” in building B in the Nam-gu Incheon Metropolitan City building C.

On February 13, 2015, the Defendant borrowed KRW 220 million from a victim F Bank Co., Ltd. (hereinafter “F Bank”) in the name of E, his/her father, and purchased 7 parts of “G scraping golf machines” (a total of KRW 282,650,00) with the said money, and entered into a transfer security agreement with the victim F Bank until the repayment of the said principal and interest on each of the said machines completed.

Since September 13, 2015, the Defendant, from around September 13, 2015, committed the following crimes with the mind to dispose of seven “G scraping golf machine” which offered security as above, because it is difficult for the Defendant to operate the said golf practice hall due to the delayed repayment of the principal and interest with respect to the victim FF bank.

In other words, the Defendant, around September 18, 2015, at the law firmJ located in Nam-gu Incheon Metropolitan City HI, has fulfilled the duty of due care as a good manager to ensure that the damaged party can achieve the purpose of the security.