All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The instant transaction is related to the payment of construction price between the Defendant, K, and G, and the fact that the instant transaction was in breach of trust against the victim G.

The Defendant was aware that G was subject to the registration of transfer of ownership with the establishment of a right to collateral security with a loan of KRW 100 million as the secured obligation, and thus, the Defendant did not have any intention in breach of trust.

B) The Defendant, at the time of concluding a lease agreement with AA or AH, would not cancel the right to collateral security or set up the right to collateral security.

There is no promise, and the phrase of the contract is decided as a practice without the involvement of the defendant in consultation with the employees of the defendant, the sales agent, the real estate broker, etc.

Therefore, the defendant did not deceiving AA or AH.

2) The sentence sentenced by the lower court (three years of suspended sentence for two years of imprisonment, two years of community service, two hundred hours of probation) is too unreasonable.

B. Prosecutor 1) The F and D believed the Defendant’s speech that the victim D would continue to carry out the reconstruction project and would sell 32 square meters apartment units, and transferred the name of the real estate owned D to the Defendant.

The statements are consistently made, and the statements are reliable.

In addition, the defendant will proceed with the reconstruction project by himself.

The proposal is recognized.

Therefore, this part of the facts charged should be found guilty.

B) Each embezzlement for the Victim F and E Regional Housing Association was used by the Defendant while keeping the passbook and seal.

The facts of embezzlement can be recognized in light of the fact that the BJ's statement is consistent with it, and that the defendant did not provide any explanation about the source of some loans.

C) Each embezzlement of the victim Y is deemed as the victim Y and the legal relationship between the Defendant is deemed as a trust in the name of two parties.