The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case.

1. The sentence of the court below (two years of imprisonment) is too unreasonable considering the circumstances of the defendant in light of the gist of the grounds for appeal.

2. Prior to the judgment on the grounds of appeal by the Defendant’s ex officio determination, we examine whether the registration of creation of a neighboring mortgage, which is null and void from a legal point of view, constitutes occupational breach of trust.

3. The summary of this part of the facts charged is that the Defendant, at the point of Incheon Fisheries Cooperatives (hereinafter “victim Association”), worked as a person in charge of loan business and credit management at the point of Incheon Fisheries Cooperatives (hereinafter “victim Association”) provided each of the above land to the Victim Association as a collateral and received a loan. Thus, the Defendant had a duty to maintain the registration of the establishment of a neighboring mortgage of the land

Nevertheless, on May 8, 2012, the Defendant, in violation of his duties, committed a loss of the security for loans worth KRW 260,000,000, totaling KRW 520,000,000, by forging two copies of termination certificate necessary to cancel the registration of creation of a neighboring building, as described in paragraph (1), and submitting two power of attorney to the registration division of the Incheon District Court on the same day, and cancelling the registration of establishment of a neighboring building established on each of the above lands. In so doing, the Defendant, as well as E and F, lost the security for loans worth KRW 520,000,000.

As a result, the Defendant violated his occupational duties, thereby having E and F gain pecuniary advantage of a total of KRW 520,000,000,000, and caused damages equivalent to the same amount to E and F, respectively.

4. Relevant legal principles

A. The meaning of the property damage in breach of trust includes not only the case of causing a real loss but also the case of causing a risk of actual loss of property, and property damage.