The judgment below

The part against the defendant shall be reversed.

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

In this case.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. A prosecutor 1) The victim G bears the obligation to return the lease deposit to H, a lessee as the Defendant’s act, and the risk of property loss was caused by a concrete risk and thus, the judgment of the court below that attempted to commit the crime of breach of trust in relation to this part of the facts charged is erroneous in the misapprehension of legal principles (misunderstanding of legal principles). (2) The judgment of the court below on February 2, 198 is unfair because the punishment of the court below is too unfasible and unfair (unfair in sentencing).

A. The summary of this part of the facts charged was requested by the victim G to conclude a monthly rent contract with respect to F 302 of the Seo-gu, Seo-gu, Gwangju, while working as a brokerage assistant at the real estate brokerage office in Seo-gu, Seo-gu, Gwangju, and thus, there was a duty to conclude a monthly rent contract rather than a monthly rent contract.

However, on November 12, 2015, in violation of the above duties, Defendant 1, at the real estate brokerage office located in Gwangju-gu, Seo-gu, Gwangju, had the victim bear the obligation to return the deposit amount of KRW 55 million by entering into a lease contract with the lessee H with respect to the above F 302, which is the deposit amount of KRW 55 million between the lessee and the lessee H, and the victim suffered property damage equivalent to KRW 50 million, which is the difference between the deposit amount of the deposit amount of the lease and the actual payment of KRW 50 million, and the Defendant gained property profit equivalent to the same amount.

B. 1) The crime of breach of trust is established when a person who administers another’s business obtains pecuniary advantage or let a third party obtain such benefit through an act in violation of his/her duty, thereby causing damage to the principal. Here, “a person who administers another’s business” as the subject of the principal refers to a person who administers another’s business by proxy, or another’s property, based on a bilateral trust relationship.