The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not anticipate that the victim was the one who was the one who was the one who was a neighboring mortgage would not be able to exercise the right to confluence on the instant motor vehicle by Non-Korean Capital Co., Ltd., and thus, the Defendant did not have the intention of breach of trust and cannot be recognized as a breach of duty

B. The sentence sentenced by the lower court (five months of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s assertion of mistake of facts, the Defendant alleged as the grounds for appeal on this part, and the lower court rejected the Defendant’s assertion in detail with the detailed statement of the judgment on the Defendant’s assertion under the title “the grounds for conviction” in the judgment of the lower court. In line with the above judgment, the lower court’s determination is just and acceptable, and contrary to the Defendant’s assertion, there was an error of law that adversely affected the conclusion of the judgment by

Therefore, this part of the defendant's assertion is without merit.

B. The Defendant appears to have caused the instant crime to be committed for the purpose of the repayment of his/her obligation while having been under management difficulties. The Defendant appears to have certain factors to consider the motive of the crime. The Defendant, prior to the instant indictment, expressed his/her intent that the Defendant would not want the punishment by mutual agreement with the modern capital company of the victim of the crime of embezzlement prior to the instant indictment, is favorable to the Defendant.

However, in full view of the following factors: (a) the amount of damage caused by the instant crime of breach of trust was KRW 57 million and the amount was not small; (b) the victim’s damage was not fully recovered until then the victim’s damage was not recovered; and (c) the court below’s sentencing is determined by comprehensively taking account of the following factors: Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, relationship with the victim, and circumstances after the crime.