The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The defendant did not have the intention of breach of trust for mistake of facts.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Before determining the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor examined the facts charged of this case as "Misappropriation", and the applicable provisions of this case as "Article 355 (2) and (1) of the Criminal Act", and applied for changes in the indictment to the effect that "amount equivalent to 600 million won" among the facts charged of No. 2, No. 18 of the judgment of the court below was changed by permission. Thus, the judgment of the court below cannot be maintained further because this court changed the subject of the judgment.

However, despite the above reasons for ex officio reversal, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.

B. The Defendant also asserted the same purport in the lower court’s judgment, and the lower court rejected the aforementioned argument in detail on the part of the “determination of the Defendant and the defense counsel’s assertion.”

Examining the evidence duly adopted and examined by the court below, the court below's judgment that recognized the defendant's intention of breach of trust is just, and there is no error of misconception of facts, such as the defendant's assertion.

C. As to the facts charged at the trial, the Defendant asserts that the crime of breach of trust is not established on the grounds that there is no property profit or amount of damages incurred by the Defendant’s act of breach of trust. (2) The property profit or the other party’s loss acquired by the person liable for establishing the right of collateral security against the other party due to the act of breach of trust which the person liable for establishing the right of collateral security against the other party is equivalent to the security value lost by using it as security for the transaction with the third party.