All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) at the time of misunderstanding of facts or misunderstanding of legal principles, the Defendant, as he was a person with bad credit standing, was unable to purchase the instant truck under the name of the Defendant, and thus, agreed to pay the victim a monthly profit in return for the purchase of the instant truck instead of purchasing the instant truck under the name of the victim. Since the Defendant is not the person who has created a security right to transfer the instant truck, the Defendant is not a title truster, the instant truck does not constitute a crime of breach of trust even if the Defendant arbitrarily disposes of the instant truck. The lower court’s judgment convicting the Defendant of the instant facts charged

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the following circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the lower court: (i) the Defendant was paid KRW 40 million from the victim for a dump truck registration tax and advance payment on February 2, 2012; and (ii) when the Defendant was paid KRW 48 million as an advance payment on October 2012, the Defendant prepared a loan certificate to the victim; and (iii) the Defendant borrowed money from G police officers first on December 2, 2013 and provided the two above truck as collateral, the Defendant newly prepared a new truck certificate of KRW 13 million in total, including the above advance payment, etc. and the 12 million installments paid by the victim to the victim on behalf of the victim (the Defendant, at the first instance court, made a statement that the Defendant borrowed KRW 13 million in the aggregate of advance payment, etc. and unpaid earnings, and it is evident that the Defendant received the above money from the victim until the date the Defendant borrowed the money.