The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. In light of the summary of the grounds for appeal, the progress of the sale and purchase of each of the instant real estate between the Defendant, C, and victims, it is deemed that C had a duty to cooperate with the victims who have paid the purchase price in the name of the victims on October 22, 2012, which is the date of the instant crime, and thus constitutes the subject of the crime of breach of trust. Although the Defendant who committed a violation of duties in collusion with C may be punished as a joint principal offense, the lower court acquitted the Defendant of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. The facts charged in this case and the judgment of the court below

A. The facts charged in this case C is the owner of the instant real estate, among the instant parcels of real estate (hereinafter collectively referred to as “each of the instant parcels of real estate”) at Incheon City D, E, F, G, H, I, J, K, L, M, N,O, P, and the owner of each of the instant parcels of real estate (hereinafter referred to as “each of the instant parcels of real estate”), and the Defendant is the representative director of Q Q, a real estate developer.

C Around December 5, 2005, at one’s house located R, the Defendant and the instant real estate: (a) KRW 450 million for each of the instant real estate; (b) KRW 450 million for down payment (payment date December 5, 2005); (c) KRW 50 million for the first intermediate payment (payment date December 14, 2005); (d) KRW 150 million for the second intermediate payment (payment date January 31, 2006); and (c) KRW 200 million for the remainder (payment date February 28, 2006); (c) concluded a sales contract with the Defendant’s mother and 12 other (payment date); (d) the Defendant, upon permission for land transaction as a special agreement, paid the remainder of the intermediate payment to the buyer, who was designated by each of the following parties, as the intermediate payment, and (e) the Defendant agreed upon the remainder of the intermediate payment to the buyer, which was collected by each of the following parties.