1. The judgment below is reversed.

A defendant shall be punished by imprisonment for four months.

2. The order for compensation by the court below is as follows.

1. Summary of grounds for appeal (the mistake of facts or misapprehension of legal principles, and unreasonable sentencing)

A. Although there is a fact that the Defendant borrowed and guaranteed the same money as the facts charged in this case from F, the court below's judgment convicting the Defendant of the facts charged is erroneous by misapprehending the legal principles or by misapprehending the legal principles, even though the above money was not subject to the condition that the loan and guarantee should be deducted from the investment funds received from the victim, and thus, the crime of breach of trust is not established.

B. The sentence of imprisonment (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the lower court and the following facts and circumstances revealed as to the assertion of mistake of facts or misapprehension of legal principles on December 8, 201 and the part on KRW 6 million on February 29, 201, the lower court, based on the evidence duly adopted and examined by the lower court, and the evidence revealed as follows, the Defendant borrowed KRW 10 million from H on December 8, 2011 with the instant investment funds as collateral and made the F take a guarantee for the said borrowed funds, and borrowed KRW 6 million from F to the victim on February 29, 2012. This portion of the Defendant’s assertion is without merit since it violated the duty to obtain such profits according to the status of the investment funds and thus, constitutes an act of breach of trust, and thus, the victim could not return the funds to the Defendant’s intermediate disposal of the investment funds as collateral or receive the funds from the Defendant’s intermediate disposal of the investment funds to the lower court on July 1, 2011.