The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a period of three years and six months and by a fine of two thousand won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) In regard to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust), the machinery at the site of the Korea Development Bank staff L was not at the time of confirmation on August 23, 2012 is not only No. 4 of the attached Table, but also No. 11 of the above Table, just as the machinery listed in the attached Table 1 through 3, was not at the site of repair, and the Defendant did not arbitrarily remove it.

In addition, since the "evaluation value" of each machine of the attached list of crimes is the price at the time of the establishment of the right to collateral security, the market price on September 2012 at the time of disposal shall be deemed the amount of profit of the defendant and the amount of damage of the

Nevertheless, the lower court found the Defendant guilty of the part of the attached list No. 11 among the facts charged by misunderstanding the facts, and deemed the appraised value of each machine No. 5,656,000,000 in the above list as the value at the time of establishing the security, and applied Article 3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

B) As to the breach of trust, the Defendant is the Busan Bank Co., Ltd., a collateral security (hereinafter “Resan Bank”).

(C) With the consent of the Defendant, the Defendant, on September 8, 2012, was guilty of embezzlement of the machine mining straws No. 2 and the machine mining straws No. 3, and thus, the Defendant did not have the intent to commit a crime of breach of trust. Therefore, the lower court found the Defendant guilty of this part of the facts charged, inasmuch as there was no intention to commit a crime of breach of trust.

9. On September 9, since it was hospitalized in the racing W Hospital, there is no gap between the company and the company, there is no large line of 1 set (DA1000).

Even if the Defendant disposed of it at will, at the time of the extinguishment of the above machinery, the exhaust portion was unworking as well as the lease amount of KRW 111,603,803 out of the lease amount of KRW 300,000,000, and the lease deposit was 60,000.