The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. In fact, the Defendant, misunderstanding of the legal principles, concluded a sales contract (hereinafter “instant sales contract”) with J on the No. 401 of the HH building 3, Seoul Special Metropolitan City, G, and 3 lots (hereinafter “the instant real property”), and received 70 million won in total as the down payment and the intermediate payment from J, and then the J cancelled the said sales contract.

On October 29, 2002, the sales contract of this case between the Plaintiff and the J was rescinded by agreement to pay the instant real estate at the same time as the J received it from the J.

Therefore, the defendant is not a person who deals with the business of J, and thus the crime of breach is not established.

Even if the sales contract of this case was not cancelled, that contract of this case was not cancelled.

In view of the above, the defendant did not have the intention of breach of trust.

Even if the crime of breach of trust is established against the Defendant, the amount of damage should be substantially determined from an economic perspective. Since the J sold the instant real estate to M around 2008 in KRW 185 million, the amount of damage in this case should be deemed to be KRW 80 million (i.e., KRW 185 million in selling the instant real estate to J - KRW 150 million in selling the amount to the Defendant J - KRW 15 million in selling the real estate to M).

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. On March 20, 200, the Defendant entered into a construction contract with the purport that, with respect to the apartment house H (hereinafter “H building”) located on the third parcel of land, including the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the owner of the above site owner’s interest, I et al. is responsible for the above apartment house and the Defendant is responsible for the above apartment house, and after completion, I et al. shall transfer the ownership of the H building 19 unit, which is the instant real estate, from the Plaintiff et al

On November 2001, the defendant continued to be in the Dobong-dong, Seoul Special Metropolitan City.