The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that the ruling shall be made for one year from the date of the final judgment.

1. Summary of grounds for appeal;

A. The Defendant asserted that he does not fall under “a person who administers another’s business” is not a “person who administers another’s business” and, at the same time, was obligated to transfer ownership of 2,732m2/2,732m2 of D forest land owned by the Defendant to the victim in Sungsung-si (hereinafter “the instant forest”) and 922m2m2 of E forest land (hereinafter “the instant forest”).

However, while refusing to perform the obligation to pay the balance, the victim demanded monetary compensation instead of transfer of ownership of the forest of this case. At the time of this case, the victim had no right to file an application for registration of the forest of this case.

Therefore, the Defendant cannot be deemed as a person who administers the business of the victim, and the establishment of the instant right to collateral security cannot be deemed as an act of breach of duty.

B. The instant forest owner and seller who are the representative of a corporation who are not the subject of breach of trust is the owner and the seller of the instant forest land, which bears the duty of ownership transfer registration. Therefore, in the instant case, the “person who administers another’s business” is not the Defendant,

Therefore, the defendant cannot be held liable for the crime of breach of trust.

C. Before the instant conciliation was concluded, the Defendant had been promoting a bank loan with the property owned by the Bank of Korea as collateral, and in the process of the loan, as part of the instant forest land as joint collateral, was set up as a collateral in accordance with the bank’s demand.

Ultimately, the Defendant trusted the bank and set up the instant mortgage upon its demand, and thus there is no intention of breach of trust.

The victim asserts that there is no risk of damage or damage, and thus, he/she may independently cancel the right to collateral security at the time of filing an application for registration of transfer of ownership of the forest of this case.