The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed)

A. Error 1) Since D was faced with a very serious financial crisis due to the failure of the establishment of a charnel house, D’s survival was possible only to proceed with the business. On the other hand, H decided to make a subsequent settlement between D’s repayment of debt and the dispute between H and H, and during that process, D lent KRW 1 billion to H. As such, D was unable to have a position to determine the interest or the due date for the above loan. The final settlement results indicate that H was 1.0 billion won in total, while H was 1.1 billion won in total, H did not have a trust relationship between H and the victim’s trust relationship (one million won in loans of KRW 10 billion in business title) and H cannot be deemed to have been established as a trust relationship between H and the victim’s trust relationship, not a trust relationship between H, but a trust relationship between H and the victim’s trust.

3 Until June 28, 2013, until June 28, 2013, the judgment of D that D’s creative owner is a S organization, the Defendant considered and operated D as an individual inspection that he/she created, so the Defendant cannot be found to have the intent of breach of trust.

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

2. Determination

A. As to the assertion of mistake of facts, the lower court’s determination is recognized by comprehensively taking account of each evidence duly adopted and investigated.