beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty of the facts charged of the crime of breach of trust is erroneous in the misapprehension of legal principles or by misapprehending legal principles, since the defendant was delegated or acquired with all management authority related to the mortgage of this case from the claim of this case, all cash and apartments received based on the mortgage of this case were used for the claim of this case for the claim of this case, and further, it cannot be readily concluded that the mortgage of this case belongs to the claim of this case.
B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment, five years of suspended execution, community service, 180 hours) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below, determination of mistake of facts and misapprehension of legal principles, the following facts are acknowledged. A) The defendant was appointed as the representative of the claim body of the construction cost concerning the apartment of this case (victim; hereinafter referred to as the "victim") which was newly constructed on the ground, such as the Hadong-gun F around October 11, 2005 by E Co., Ltd. (hereinafter referred to as E") and was engaged in the affairs of the claim body of this case concerning the securing of claims and the exercise of lien.
B. On August 28, 2006, the Defendant entered into a contract to sell the instant apartment site and building to L, and L repaid the amount equivalent to the secured debt to the first secured credit finance company, which was set up on the instant apartment site as the sales price, to the pertinent apartment site. The agreement was made between the Defendant, L, and Chungcheong Mutual Savings and Finance Company, which is the representative of the instant claim group, to be useful in the name of the Defendant, who is the representative of the instant claim group, for the purpose of securing the claims of the instant claim group.