The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant asserted that the facts of mistake or misapprehension of the legal principles as follows, and the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

(1) Criminal facts of the judgment below 1-A.

In relation to the claim, the Defendant, as the head of Gyeonggi-do D, sold the Gyeonggi-do Gyeonggi Association’s 2,410 square meters prior to the Gyeonggi-gun E, F, 602 square meters prior to the F, and G forest 826 square meters (hereinafter “instant land”) in order to raise funds for the purchase of the newly built site of the community hall as the head of Gyeonggi-do D, and considering that the instant land is a blind land, such fact alone does not constitute occupational breach of trust even if it sold at a price lower than the officially announced land price

(2) Criminal facts of the judgment below 1-B

In relation to the claim, since the defendant did not deceiving L and M, and the Village Development Committee recognized the defendant's contribution and preserved the defendant's fine, the crime of fraud and occupational breach of trust cannot be established.

(3) As to the facts constituting the crime of the lower judgment, the Defendant did not intimidation the Victim P.

B. Both parties’ assertion of unfair sentencing and the Defendant asserted that the lower court’s imprisonment (eight months of imprisonment) is too weak or unreasonable.

2. As to the defendant's assertion of mistake of facts or misapprehension of legal principles

A. (1) In the judgment of the first instance of occupational breach of trust as to the allegation, the term “when property damage is inflicted” includes not only a case where a real loss is inflicted, but also a case where a risk of actual damage to property has been inflicted, and the judgment on the existence of property damage is not based on legal judgment but from an economic point of view. However, property damage here arises.

"Generally, it means that the property of the principal causes damage to his/her own property, i.e., the decrease in his/her entire property value, and thus, property loss.