The judgment of the first instance is reversed.

The defendant is sentenced to one year of imprisonment with prison labor for the crime of breach of trust.

1. The summary of the grounds of appeal is as follows: ① The obligation to pay cost of the building of this case is separate obligation from the contract of this case; ② the Defendant did not receive the down payment and the intermediate payment from the victim; ② The Defendant did not obtain any profit due to the establishment of the right to collateral security as stated in the facts constituting the crime of this case, and did not incur any property damage to the victim; ③ The Defendant set up a right to collateral security as stated in paragraph (1) of the facts constituting the crime of this case as stated in the judgment of the court below to continue the construction of the building of this case due to the suspension of the construction of the building of this case due to the victim’s non-performance of intermediate payment and the payment of the cost of construction; ③ The right to collateral security as stated in paragraph (2) of the facts constituting the crime of this case was established after the Defendant cancelled the contract of this case due to the victim’s non-performance of obligation; thus, the Defendant believed that the contract of this case was legally rescinded; thus, the judgment of the court of first instance was erroneous in the misapprehension of facts or by misapprehending legal principles,

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

On August 14, 2008, regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) from the "Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes" to the "Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes" to the "Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes" to the "Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes" to the "Article 355 (2) of the Criminal Act" to the "Article 355 (2) of the Criminal Act", and