The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for not more than four months, and a second offense as to the decision of the court.

1. Summary of grounds for appeal;

A. Defendant 1’s mistake of facts (the point of breach of trust) does not exist on January 30, 2007, and the victim J is not a member of the above fraternity, but has not paid the above guidances to the Defendant. 2) The sentence imposed by the lower court on the Defendant (one month of imprisonment and two months of imprisonment) is too unreasonable.

B. The prosecutor (unfairness)’s sentence (4 months of imprisonment and 2 months of imprisonment) sentenced by the court below to the defendant is too unhutiled and unfair.

2. Judgment on the assertion of misunderstanding of facts (a breach of trust)

A. The summary of this part of the facts charged is as follows: (a) the Defendant recruited 10 to 5 members for each share of each share on January 30, 2007, together with D, E, F, G, and H, a joint principal shareholder; and (b) organized and operated a successful bid amount of KRW 40,00,000 per previous share; (c) monthly deposit of KRW 30,000,000 per month; (d) around September 2007, the Defendant withdrawn from the joint principal share; and (e) changed the number of shares into the number of units of 25,00,000,000 won for the monthly deposit of KRW 1,20,000,000 for each share of the previous shares; and (e) received all monthly deposit from the victims of the cause for the Defendant recruited, and (e) paid KRW 30,300,000 from the members around June 30, 209.

Nevertheless, the defendant did not pay the above fraternity money to the victim in violation of his duties, and then arbitrarily consumed it around that time, acquired pecuniary benefits equivalent to KRW 30 million, and gained pecuniary benefits equivalent to the same amount to the victim.

B. The judgment is the wind that the defendant joined the 30 January 30, 2007 fraternity, in which he was living together, paid the fraternity in full by means of selling agricultural products to others by replacing the agricultural products that he had partially paid the fraternity or lent to the defendant before the fraternity and bringing about the defendant with the agricultural products that he had directly harvested with the fraternity, and the 30 million won that he/she should receive from the above fraternity and 3 million won that he/she joined at around 2005, and 3 million won that he/she was receiving from the flus book of 200,000 won.