The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (the Defendant’s defense counsel about the fraud of the victim’s Z) made it clear in the statement of grounds of appeal that the part of the crime of breach of trust recognized in relation to the sale of the land in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, and that the content of the transaction with the victim’s Z should be recognized as fraud only with regard to the part that recognized the content of the transaction with the victim’s ZB as fraud. Accordingly, the judgment is determined accordingly (Article 2658(2) and (3) of the lower judgment out of the criminal facts of the lower judgment), which the Defendant sold to the victim’s Z, 3,907 square meters among 30 square meters of the I annexed land in Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, and agreed to transfer the ownership of the land in the BB land in Ulsan-do (hereinafter “Ulsan land”).

Until now, this agreement is valid and the victim Z also acknowledges the fact.

The BC land in the name of the defendant's employee is owned by the company operated by the defendant, and the transfer of ownership is called the victim's Z, but is not the victim's Z.

In relation to each of the above land, there is no fact of deceiving the victim's Z, acquiring the purchase price, and there is no intention to commit the crime.

B. The lower court’s sentence is heavy.

2. Determination

A. In full view of the evidence examined in the lower judgment, the following facts and circumstances are acknowledged, comprehensively taking account of the fact-finding and misapprehension of the legal doctrine regarding fraud around the end of October 201 (see Article 2015Da3658(2) of the lower judgment), and the evidence examined in the lower court. The Defendant may recognize the fact that he/she belongs to the victim’s Z and acquired the purchase price by deception. ① The Defendant is 3,907 square meters (hereinafter “I land”) on October 28, 2011.

After entering into a contract with J to purchase KRW 685 million, only the down payment was paid KRW 70 million. The Defendant sold 30 square meters out of the remainder to the victim Z around the end of 2011, while not paying the remainder. ② The Defendant, prior to that, sold 13,38 square meters (hereinafter referred to as “M”).