The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding and legal principles, the Defendant obtained an understanding on changing the victim’s sequence from the damaged person to the old account No. 21 (payment on October 13, 2016) rather than the old account No. 19 (payment on October 13, 2016), and thus, the Defendant did not have the intent of breach of trust.

In addition, since the defendant paid a total of KRW 10 million out of the total amount of KRW 11.7 million to be paid to the victim, it is unreasonable that the defendant is liable for the crime of breach of trust against the total amount of KRW 7.1 million at that time.

Even so, the lower court found the Defendant guilty of the facts charged of this case, so it erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, damages in the crime of breach of trust include not only the case of actual damage but also the case of property risk which can be seen as the reduction of value. As long as the risk of damage has been caused, damage has already been recovered or is likely to have been recovered later.

Even if it does not affect the establishment of the crime of breach of trust (Supreme Court Decision 94Do3297 delivered on February 17, 1995). 2), in light of the above legal principles, the following circumstances, namely, the circumstances as stated by the court below and acknowledged by the record, i.e., ① the victim sent to the defendant to the Bank of Korea at around October 13, 2016:50.

K D’s request 14:07 on the same day, the message “I’n’t send to the E.m. 14:07 on the same day.”

2. The victim made a statement from the investigative agency to the court of the trial for the defendant to the effect that "I cannot accept the statement," stating that "I cannot accept the statement from the defendant that "I believe that I will not tell the defendant," although I want to say that I would know that I would like to say that I will do not do so," and that "I will not accept the statement."