The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. misunderstanding of facts and misunderstanding of legal principles 1) The instant fraternity operated by the Defendant may be paid only to the members of the fraternity, which collected a total of 25 times of payment from July 24, 2010 to August 24, 2012, on the premise that the instant fraternity was operated for a total of 26 months. However, even if the instant fraternity was dispatched on June 24, 2010, and no other members of the fraternity including the victims did not reach the frequency of payment on 25 occasions, even if the Defendant did not pay the fraternity, the crime of breach of trust is not established. (ii) The victim N paid the fraternity through K andO, an intermediate owner, and thus, cannot be deemed as having the status of the fraternity, and even if the Defendant did not pay the fraternity, it cannot be said that the crime of breach of trust is established.

3) Even if the Defendant’s act constitutes a crime of breach of trust, there exist cases where some of the victims receive the fraternitys or did not pay the fraternitys. Accordingly, the amount of damages must be calculated by reflecting this, and the entire amount equivalent to the deposit of the 25 old accounts cannot be deemed as the amount of damages. Furthermore, even if the Defendant’s act of unfair sentencing is found guilty, the lower court’s sentencing (one and half years of imprisonment) is excessively unreasonable.

2. Determination

A. In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court of first instance, as to the assertion of mistake of facts and misapprehension of legal principles, shall assess the credibility of the statement, taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance and attitude of the witness who is going to make a statement in the open court after being sworn before a judge, and the penology of the statement, and the penology of the statement, and the statement made by the witness, including the victim, are replaced by the victim.