The judgment of the court below is reversed.

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Summary of Grounds for Appeal

When the defendant finds a mistake of facts, the obligation to implement the registration of the establishment of a new mortgage on the building to be newly constructed by the victim's abortion agricultural cooperatives (hereinafter referred to as the "FFFF") pursuant to the agreement on the provision of security in the facts constituting the crime occurs. However, since the building of this case is not completed and the above obligation cannot be deemed to have been established, the crime of breach of trust established

Therefore, the court below erred by erroneous interpretation of the meaning of completion and misunderstanding of facts.

The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is unreasonable.

The summary of the facts charged of this case is that the Defendant, who was the owner of 30 million square meters in Seongdong-gu, Sungnam-si (hereinafter “the land in this case”). Around April 6, 2002, the Defendant was granted loans of KRW 450,000,000,000,000, to the land in this case as collateral for the loans, and created a mortgage right of KRW 59,000,000 with a maximum debt amount and superficies of KRW 30,00 with a maturity of KRW 18,00,000,000,000,000,000 won with a maximum debt amount of KRW 1,85,00,000,000 on Jan. 15, 2007; the Defendant agreed to provide a new collateral of KRW 1,30,000,000 on August 13, 200; the Defendant agreed to use the land in this case with the maximum debt amount of KRW 5,5,00,5,00,0,000,000.

According to the above agreement, the Defendant was performing the construction of a new building on the ground of the instant land with the consent of the Agricultural Cooperatives (at least 100% of the fair operation rate, at least 95% of the same) and on September 6, 2011.