The judgment of the court below (including the acquittal portion) shall be reversed.

A defendant shall be punished by imprisonment for not less than two months.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are the guidance of the 15th day of this case, and the defendant, as the subject of the 15th day of this case, has a duty to receive monthly payments from the victim and pay the same one time within the period of operation, but did not pay the same to the victim without any justifiable reason, so a single crime of breach of trust is established against the victim, and no separate crime of breach of trust is established at each time of monthly payment. Thus, the court below erred by misapprehending the legal principles as to the number of

Also, according to the evidence submitted by the prosecutor, it is sufficiently recognized that the defendant arbitrarily used 2,50,000 won paid by the victim on January 17, 2011.

Therefore, the lower court that acquitted the Defendant of the breach of trust on January 17, 201 is unlawful.

B. The sentence of unfair sentencing (one month of imprisonment) by the lower court is too uneasible and unfair.

2. Determination

A. On December 15, 2010, the Defendant organized the 15-day successful bid system, which consists of KRW 60 million in total, KRW 25,000, KRW 2000, KRW 200,000, KRW 25,000 in total, and KRW 2,50,000 in monthly payment per Gu.

The above successful bid fraternity did not set the sequences of the members who want to take out the fraternity in the month, and stated the interest amount to be paid in the paper in the store operated by the defendant, and operated in the manner that the defendant, the principal debtor, stated the highest interest amount among them, collects the fraternity in the manner that he/she collects the fraternity for the month, so if the defendant, who is the principal debtor, receives the fraternity from the victim E for the month a sum of five million won for the monthly payment in the 2nd unit from the victim E, he/she was obligated to pay the fraternity to the successful bidder at the 15th day of each month in accordance with the above operational method, and ultimately, the victim is obligated to pay the fraternity 60 million won to the successful bidder once within the time the fraternity ends.

However, the Defendant, on January 17, 201, received a monthly payment of KRW 2050,000 from the victim, but some of the members of the fraternity received a successful bid.