All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles) Defendant (a) as the representative partner of the Victim Association C (hereinafter “C”) who is a representative partner of the Victim Association (hereinafter “Co., Ltd.”), the duty to manage the property of the Association is not “self-business,” but “other person’s business,” and Defendant was not in the position of “a person who administers another’s business,” the subject of the crime of breach of trust.

B) The Defendant Company D Co., Ltd. (hereinafter “D”).

1) The share certificates of H 1,701,127 share certificates (hereinafter “instant share certificates”) held in the name of the corporation (hereinafter “instant share certificates”).

M Co., Ltd. (hereinafter “M”)

(C) Even if there was no fact that D’s representative director was offered as security to P, and D’s internal director unilaterally delivered the instant share certificates to P, the fact that D’s establishment of the instant share certificates was not registered in the electronic registration ledger, etc., and thus, M cannot be deemed to have acquired the instant share certificates. Since D recovered the instant share certificates from M, it did not act in violation of the Defendant’s duty.

It can not be said that the defendant acquired property benefits and caused property damage to the victim union.

2) The sentence sentenced by the lower court on unreasonable sentencing (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination:

A. 1) Determination on the Defendant’s assertion of mistake of facts or misapprehension of legal principles 1) Whether the Defendant was in the position of “a person who administers another’s business” or not, the Defendant argued to the same effect as the grounds for appeal in this part of the judgment of the court below. As to this, the court below, while making a detailed determination on the part 5th to 18th 5th 15th 18th 1 of the judgment, shall be comprehensively