The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. According to the records of proceedings, the following facts are recognized.

A. The court below found the Defendant guilty of the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and sentenced the Defendant to one year and six months, on the ground that the Defendant had suffered property damage equivalent to KRW 900 million in the E Bank, which was agreed to be subject to the establishment of the first priority joint collateral security in the factory building of this case, due to the act of establishing the joint collateral security and right to lease on a deposit basis in the J (hereinafter in the name of the company) with respect to the factory building

On this basis, the defendant appealed on the ground of mistake of facts and unreasonable sentencing.

B. The evidence submitted by the prosecutor alone violates the duty of establishing a first-class joint mortgage on the factory building of this case and thus establishing a joint collateral security and right to lease on a deposit basis to the court of Justice is insufficient to deem that the judge has proved that the gains on property acquired by J or the value of damage to the E bank is more than 500 million won, so that there is no reasonable doubt. However, the fact that the crime of this case can only be acknowledged that the crime of this case would cause damage to the E bank or damage to the value of the E bank by acquiring the gains on property in the value in the J due to the crime of this case, thereby causing the risk of actual damage to the E bank, and the judgment of the court below partially accepted the defendant's assertion of mistake of facts, and reversed the judgment of the court below and sentenced the defendant to one year, recognizing only the crime of breach of trust (the defendant

On this issue, the defendant appealed.

C. The Supreme Court is the debtor's business that the debtor bears the obligation to establish the right to collateral security against the creditor according to the contract.