The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, the charge of occupational breach of trust is acquitted.

The main point of the grounds for appeal is that the sentence of the lower court (three years and six months of imprisonment) is too unreasonable.

Before determining the Defendant’s unfair argument about sentencing, we examine ex officio the violation of occupational breach of trust among the facts charged in the instant case.

A. The summary of this part of the facts charged is that the Defendant had a duty not to arbitrarily establish a mortgage on buses entered into D Co., Ltd. (hereinafter “D”).

Nevertheless, on November 9, 2016, the defendant violated the above duties and received a loan of KRW 130 million from the new Capital Capital Co., Ltd. in the office of the Gangnam-gu Seoul Metropolitan Government KHro 410, and the victim H arbitrarily set up a mortgage on the amount of KRW 130 million for the claim value on the I bus that the victim H entered D.

As a result, the Defendant acquired an equivalent amount of financial benefits and incurred a loss equivalent to the amount of the said amount to the victims of the loan, from May 22, 2015 to December 14, 2016, and acquired a total of KRW 2.517 billion by the following methods, as shown in the attached list of crimes (2) as shown in the judgment of the court below, from around May 22, 2015 to December 14, 2016, and suffered a total of 18 victims, a total of whom is the borrower, respectively, damage equivalent to the amount indicated in the “amount of breach of trust” column in the table of crimes (2).

B. Determination 1) Where a passenger transport business operator transfers the name of his/her vehicle to a passenger transport business operator (hereinafter “local passenger transport business operator”) and vests his/her ownership and operation management right in the passenger transport business operator, and enters into a so-called “land entry contract” with the purport that a passenger transport business operator shall pay a certain amount of management expenses to the land owner when he/she operates his/her vehicle on his/her own account after being entrusted with the management right of the vehicle in question.