All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the facts and legal principles are consistent from the investigative agency to the court of original trial, and consistently stated that “A person who requested the Defendant to sell I commercial buildings, requested the Defendant to sell I commercial buildings, and the Defendant established a provisional registration under the pre-sale agreement with the intent to secure the Defendant’s repayment of the Defendant’s obligation to borrow loans, using the power of attorney and the confirmation document.” Since C, who was unable to recover KRW 50 million, did not have any reason to offer I commercial buildings as security for the Defendant again, there was no reason to offer I commercial buildings as security for the Defendant, the fact that C created a provisional registration for the purpose of securing the Defendant’s obligation to sell I commercial buildings without C’s permission can be acknowledged.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, on the charge of breach of trust.

2) The punishment sentenced by the lower court (one year and six months of imprisonment, two years of suspended execution, and order to observe protection) is too uneasy and unreasonable.

B. The sentence that the court below rendered by Defendant (unfair sentencing) is too unreasonable.

2. Determination

A. The prosecutor bears the burden of proving the facts charged in a criminal trial as to the prosecutor’s mistake of facts and misapprehension of the legal doctrine, and the finding of guilt must be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant’s guilt, it shall be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). According to the foregoing legal principles, according to the health stand in the instant case, according to the evidence submitted by the prosecutor, C is from the investigative agency to the court of the lower court, and I commercial building in the instant case