The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Of the facts charged in the instant case, the lower court found the victim not guilty on the part of the charge of breach of trust that “where the defendant leases construction materials to a third party according to the pledge establishment agreement, he/she has the duty to notify the victims of such fact, he/she leases part of the above materials to the Ilsung Construction Co., Ltd., and did not notify the victims of such fact or pay rent from the process,” and sentenced the victims guilty on the remainder of the charges. The defendant appealed on the guilty part, and the prosecutor appealed on the grounds of unfair sentencing, and did not appeal the aforementioned part of the acquittal. Accordingly, the non-guilty portion was also judged in accordance with the indivisible principle of appeal, but the non-guilty portion was already discharged from the object of attack and defense between the parties (see, e.g., Supreme Court Decision 2009Do12934, Jan. 14, 2010). Therefore, the lower court’s judgment that determined the non-guilty portion as to the part of the judgment below is reversed, and its conclusion is without merit.

A. In light of the following circumstances, the judgment below convicting Defendant 1 of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

A) Even though the revised facts charged are not recognized as identical to the facts charged prior to the amendment, the lower court determined that the amendment of indictment was permitted and the changed facts charged.

B) Even if based on the revised facts charged, the facts charged were specified to the extent that the defendant can exercise his right to defense.

shall not be deemed to exist.

2) The Defendant, a misunderstanding of facts, is a Co., Ltd.’s theory.