The judgment below

The guilty portion shall be reversed.

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

except that this judgment.

1. Summary of grounds for appeal;

A. Prosecutor 1) The Defendant, without intention or ability to take over the J Co., Ltd. (hereinafter “J”), deceivings the victim by means of having contributed to the cooling house to raise funds in kind and promising to raise funds for financial rights, and the victim has invested funds to take over the J to this end. As such, a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is established.

B) According to the Defendant’s accusation, under the circumstance that the Defendant concluded a share transfer contract with AF and paid down payment and intermediate payment, AF concluded a share transfer contract with a third party prior to the Defendant’s death and transferred shares, the Defendant reported the false fact as if AF entered into a double share transfer contract with the Defendant’s death, and it is unclear that the crime of breach of trust is not established when based on the above accusation itself.

2) The sentence of the lower court’s improper sentencing (one year of imprisonment) is too uneasible.

B. According to the victim’s assertion, Defendant 1’s misunderstanding of facts or misapprehension of the legal doctrine, KRW 2 billion, which the victim delivered to H, was granted as the acquisition fund of AE, not the J acceptance fund, and thus, the Defendant did not embezzled the victim I’s J acceptance fund.

Even if the above investment amount is for J acceptance, it is contributed by a corporation which intends to operate a target project at any time to make it available as necessary, and its use is not strictly limited.

Since the above 2 billion won ownership belongs to H or Q, there is a consignment relationship between the victim and the defendant.

shall not be deemed to exist.

In addition, the victim transferred the above funds to H, who is in the position of the managing member of the three partnership or the representative director of Q, so it is not a direct consignment relationship with the defendant.