The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant against the judgment of the court below of the second instance.

1. The summary of the grounds for appeal in this case is the combination of the first and second judgments in the appellate court, but the first and second judgments cannot be sentenced to a single sentence due to the final judgment in the middle of the first and second judgments, and therefore, the grounds for appeal by each judgment of the lower court are examined.

Of the judgment of the court below of first instance, as to the violation of trust in the case of 2016Kadan2200, the defendant was given a down payment and an intermediate payment for real estate by the victim, but the defendant was given a loan of KRW 180 million to the victim as collateral and gave a right to collateral security in violation of the above duty, and the defendant was in a position to manage another person's business, and thus, the crime of breach of trust is established. Thus, the judgment of the court below which acquitted the defendant, and there is an error of law by misunderstanding the facts and misunderstanding the legal principles, thereby affecting the conclusion of the judgment. 2) The punishment (one year of imprisonment) which the court of first instance rendered by the court below,

B. The punishment (one year and six months of imprisonment) sentenced by the second court (with respect to the judgment of the second court) is too unreasonable.

2. Determination on the appeal as to the judgment of the court of first instance (as to the assertion of mistake of facts or misapprehension of legal principles as to the violation of trust in the judgment of the court of first instance regarding the 2016 high-ranking200 case

A. Of the judgment of the first instance court, the summary of the charge of the breach of trust in the case of 2016Kadan2200, the Defendant concluded a sales contract with the victim in the construction site of the building site of Ulsan-gu, the owner of the building, at around September 14, 2012, with the Defendant, located in Ulsan-gu, Seoul-gu, the owner of the building.

The Defendant and the victim paid the down payment of KRW 23 million on the date of the contract, KRW 50 million on September 24, 2012, KRW 50 million on the first intermediate payment, KRW 50 million on October 26, 2012, KRW 30 million on the second intermediate payment, KRW 50 million on December 4, 2012, and KRW 40 million on the third intermediate payment, and KRW 40 million on the remainder after completion of the registration of ownership preservation on the above loan, and immediately upon completion of the registration of ownership preservation on the loan, the victim shall register the ownership transfer.