All judgment of the court below shall be reversed.

Defendant

A Imprisonment with prison labor for seven years, for four years, for four years, and for three years.

Under the summary of the reasons for appeal, the name of "defendant" shall be used only for the defendant falling under each item and the remaining defendants shall be stated only in their names.

A In light of the various sentencing conditions in the instant case, the punishment sentenced by each court below (the first instance court: imprisonment of four years and six months, and the second instance court: imprisonment of five years) is too unreasonable.

Defendant

B In collusion with A, Defendant B did not set the right of attention as stated in the facts constituting the crime of the judgment of the first instance on each real estate in the name of the M apartment reconstruction and rearrangement project association (hereinafter “association”) in collusion with Defendant B.

Even if a public offering with A is recognized, each of the instant cases constitutes a conclusion of a contract that will be borne by members under Article 24(3)(5) of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments, and thus, it shall undergo a resolution by the general meeting. Article 8 of the trust agreement between the instant union and its members provides that the establishment of a security right on trust property shall be subject to a resolution by the general meeting of its members.

Nevertheless, since each of the instant mortgages was not established by the resolution of the general meeting of the union members, the registration of establishment of each of the instant lower priority rights is an invalidation of the cause, and the registration of additional registration of the right to collateral security and the right to collateral security are also null and void.

In addition, since the other party to the contract knew or was not aware of the fact that the establishment or transfer of the right to collateral security was not related to the performance of duties of the association, the above other party to the contract cannot be held liable for tort or employer liability to the association

Therefore, each of the instant acts of establishing a lower right does not constitute a crime of breach of trust, since it did not actually cause damage to the instant association or cause the risk of property damage.

Nevertheless, the lower court convicted this part of the facts charged.