The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

(2).

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (no more than 10 months of imprisonment) on the Defendant A is too unreasonable.

B. The prosecutor (not guilty part) knew that Defendant A transferred the security of the victim L with the radio file equipment, such as the radio file equipment (hereinafter “radio file equipment, etc.”), Defendant B failed to receive KRW 200 million from the victim L, and thus, Defendant A demanded the return of the deposit and transferred the radio file equipment, etc. to himself/herself while urginging the return of the deposit. Accordingly, Defendant A sold the radio file equipment, etc. to Defendant B along with the factory. As such, Defendant B, in selling the radio file equipment, etc., constitutes a joint principal offender of the crime of breach of trust by actively participating in the entire process of concluding the contract.

Nevertheless, the court below rendered a not guilty verdict on the charge of the crime of breach of trust against Defendant B and the charge of the crime of breach of trust with Defendant B. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. Determination

A. The lower court found the Defendants guilty of the facts charged against the Defendant B on the ground that it is difficult to view that the evidence submitted by the prosecution alone is insufficient to deem that Defendant B actively participated in the act of breach of trust by inducing the Defendant A to commit an act of breach of trust or participating in the entire process of the act of breach of trust, and for the same reason, it is difficult to view that Defendant A conspired to commit an act of breach of trust in the judgment with Defendant B.