The judgment below

The guilty part (excluding the rejection part of an application for compensation order) shall be reversed.

The defendant shall be punished by imprisonment for two years.

1. The court below rejected all of the applicants’ application for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation. Thus, the above application for compensation order became final and conclusive immediately.

Therefore, the rejection of the above order for compensation is excluded from the scope of the trial of this court.

2. Summary of reasons for appeal;

A. In relation to Defendant (1)’s misunderstanding of the facts, the Defendant did not constitute a crime of breach of trust since the Defendant rescinded a contract with the victims, or established a collateral after obtaining the consent of the victims.

(2) The sentence of the lower court’s unfair sentencing (two years of imprisonment, three years of probation, observation of protection, and community service 200 hours) is too unreasonable.

B. According to the evidence submitted by the prosecutor (1) and the prosecutor, the court below found the Defendant guilty of each fraud among the facts charged in the instant case, which erred in the misapprehension of facts.

(2) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

3. Determination

A. Although the lower court also asserted that the Defendant had the same purport as the allegations in the grounds of appeal, the lower court rejected the above assertion and found the Defendant guilty of having committed a breach of trust on the grounds of its stated reasoning, comprehensively taking into account the following evidence.

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below and the trial court, the judgment of the court below which found the guilty of this part of the facts charged is just and acceptable, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts pointed out by the defendant

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. To examine the evidence duly adopted and examined by the court below regarding the prosecutor’s assertion of mistake in the facts in light of the records.