The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for four years and fine for 2,00,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) (2014Dahap30), the machinery at the site of confirmation by Korea Development Bank Staff L on August 23, 2012 is not attached Table 4, but the machinery at the site of confirmation on August 23, 2012 is not attached Table 11, and the machinery at the site of repair as well as the machinery at the 11th attached Table 1 through 3 was not at the site, and the Defendant did not arbitrarily take it out.

In addition, since the "evaluation value" of each machine of the attached list of crimes is the price at the time of the establishment of the right to collateral security, the market price on September 2012 at the time of disposal shall be deemed the amount of profit of the defendant and the amount of damage of the

Nevertheless, the judgment of the court below that applied Article 3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes by misunderstanding the fact that Article 3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is erroneous, which affected the conclusion of the judgment, after finding the Defendant guilty on the part of disposing of the machinery No. 11 of the above table among the facts charged in this case.

B) As to the crime of breach of trust (2014Gohap350), the Defendant is the Busan Bank Co., Ltd. (hereinafter “Bansan Bank”) which is the mortgagee.

(C) On September 8, 2012, the Defendant, with the consent of the court below, disposed of No. 2 of the machine mining straws and No. 3 of the machine mining straws and no. 3 of the machine mining straws, and thus there is no intention to commit a crime of breach of trust against the Defendant. Nevertheless, the court below found the Defendant guilty of the facts charged in the instant case, and there is an error of law by misunderstanding the facts. (C) As to embezzlement (2014 high 384).

9.9. Since there is no gap between companies in hospitalization in the racing W Hospital, there is no large-scale 1 set of lines (DA1000).

Even if they were disposed of at will.

In addition, the lease amount is more than KRW 300,000,000.