The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Ex officio determination

A. Before the judgment on the defendant's amendment of indictment and the prosecutor's assertion on the fraud in the judgment of the court below, the prosecutor applied for the amendment of indictment to the effect that "Article 347 (2) and (1) of the Criminal Act" among applicable provisions of law is "Article 347 (1) of the Criminal Act", and since the party members permitted the change, the fraud in the judgment of the court below is no longer maintained.

B. Judgment of the court below as to the violation of trust in the judgment of the court below 1) Summary of the charge of breach of trust, which is the primary charge of this case, the defendant, around March 26, 2012, appears to be the 20 million won fake account (a clerical error in the old account) organized at the cafeteria located in Chuncheon City around March 26, 2012.

(2) The Defendant, from the above date to March 26, 2013, received the payment from the members of the fraternity at the D bath site in Chuncheon City from the above date and time to March 26, 2013. Since the guidance was spread around April 2013, the Defendant failed to perform the duty to liquidate the deposit amount paid from 11 victims, thereby obtaining the pecuniary benefits equivalent to KRW 76,50,000 as stated in the attached Table of Crimes (2) and causing damage to the victims, respectively. 2) The lower court found the Defendant guilty of the breach of trust, which is the primary charge of the instant case, based on the evidence adopted by the court below.

3) In the event that there is a business duty to pay the fraternity collected from the fraternity members to the fraternity members, the breach of trust in the course of business is established if the fraternity is consumed at will without paying it to the designated fraternity members in violation of that duty, but the fraternity is paid after the fraternity has been spread.