The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not transfer the instant machine to E, and only prepares a false transfer contract.

(2) Even if the contents of the transfer contract are true, the ownership of the instant machinery was transferred to E because E did not fulfill the terms of debt acceptance.

Therefore, the breach of trust did not reach the conclusion of the breach of trust.

B. The punishment sentenced by the lower court (six months of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service order) is too unreasonable.

2. Determination

A. 1) Determination of misapprehension of the legal principles on mistake of facts and misapprehension of the legal principles 1) In a case where an obligor transfers movable property owned by him/her to a creditor by an occupancy or revision to secure monetary obligation, it shall be deemed that the so-called weak transfer security has been established. Thus, in a case where an obligor has an obligation to keep the movable property so that the obligee can achieve the purpose of security, and thereby is in the position of a person in charge of his/her business against the obligee. Thus, in a case where an obligor conducts an act of unreasonably reducing the value of security by disposing of movable property secured by the obligor, etc., the crime of breach of trust is established (see, e.g., Supreme Court Decisions 82Do1829, Mar. 8, 1983; 2010Do11293, Nov. 25, 2010). Meanwhile, in a case of a crime of breach of trust, the term “when causing property damage” includes not only a case where a real damage but also a case where a risk of actual property damage has occurred, and its judgment should be understood from an economic judgment in accordance with the legal judgment.

Even if the act of breach of trust is recognized from an economic point of view and causes a real damage to the principal or a risk of actual damage to property, when property damage is incurred.