The judgment below

The guilty part (including the acquittal part of the reason) shall be reversed.

The defendant is not guilty.

1. Progress of lawsuit and the scope of trial of this court;

A. 1) The lower court out of the facts charged in the instant case is the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

(2) On the grounds of the judgment, the court below acquitted the Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and reversed the guilty portion (including the part not guilty), and sentenced the Defendant to two years and six months in imprisonment, and sentenced the Defendant not guilty on the evasion of compulsory execution among the facts charged in the instant case. The Defendant appealed on the guilty portion, and the Prosecutor appealed on the part not guilty, and appealed only on the part not guilty. 2) The court prior to the remanded the case, ex officio, found the Defendant guilty on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) that the Defendant acquired property benefits equivalent to KRW 1.20 million, and sentenced the Defendant to two years and six months in imprisonment, and dismissed the Prosecutor’s appeal on the part not guilty among the judgment below.

On this issue, only the defendant appealed.

3 The Supreme Court has first set up a mortgage on a security to a third party since the debtor's obligation to set up a mortgage on the creditor under a mortgage contract is the debtor's own business to be borne by the contract.

Even if the crime of breach of trust is not established, the judgment of the court below was reversed, and the case was remanded to this court.

B. If only the Defendant filed an appeal against the conviction of the instant court, but the Prosecutor did not file an appeal against the acquittal portion, the acquittal portion may also be brought to the final appeal on the basis of the principle of no appeal by the principle of no appeal, but the portion already deviates from the object of the attack and defense between the parties, and the final appeal shall also proceed to the acquittal portion.