The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. misunderstanding the facts and misapprehension of the legal principles [1] 1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the establishment of a right to collateral security) on September 6, 2013 and October 31, 2013, the defendant spent 500 million won for the defendant's expense in the course of performing his/her duties as the general secretary and representative of C clan clan (hereinafter "victim clan") as the object of the clan, which is set up a right to collateral security on the land of the clan with the consent of the clan, which also conforms to the interests of the clan.

Therefore, the defendant did not have the intention of breach of trust.

2) On June 18, 2014, KRW 42,368 square meters, which was owned by the victim’s clan, was sold to I, an incorporated foundation, for KRW 67 million, and the purchase price was paid in full. However, there was no breach of trust.

3) Even if the crime of breach of trust is established with respect to each of the above crimes, it is unlawful to recognize the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) by comprehensively considering that the amount of profit is more than 500 million won even though the identity and continuity of the crime are not recognized among the crimes.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. In full view of the following circumstances acknowledged by the lower court and the lower court on September 6, 2013 and October 31, 2013 by duly admitted and investigated evidence, it is sufficiently recognized that the Defendant, the chairperson of the victim clan, violated his/her duties, thereby causing damage to the clan of the victim, and that the Defendant had the intent to commit such breach of trust.

Therefore, this part of the appeal is without merit.

1) Although the defendant asserts that the expenses incurred by the defendant in relation to the defendant's clan affairs reach KRW 500 million, it is extremely limited to the part of the defendant's account, and it is unclear whether it was done on the defendant's account.