The defendant is innocent. The summary of this judgment shall be notified publicly.

A. In addition, since the victim of mistake of facts and misapprehension of legal principles did not keep the machinery listed in the separate sheet of crime (hereinafter collectively referred to as "the machinery of this case," and individually named, it cannot be deemed that the defendant had a duty to fully preserve the property value of the machinery of this case, and the defendant disposed of the machinery of this case according to prior agreement with the victim, and thus, the crime of breach of trust is not established.

The judgment of the court below is erroneous in the misapprehension of legal principle, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is a person who is in office as the representative of C Co., Ltd. (hereinafter “C”) in Chungcheong City and has overall control over C’s management, including operation.

The Defendant borrowed KRW 2,395,118,181 from February 14, 2012 to July 6, 2017 from the Bank of Korea to KRW 2,395,118,18,181. On April 29, 2016, the Defendant, a representative of the C, had a duty to fully preserve the property value of the collateral in order for the victim, a mortgagee, to achieve the purpose of the collateral.

Nevertheless, around May 2016, the Defendant: (a) ordered D, a collecting company of scrap metal, to remove and carry the cudio equipment and OPC D Corums Control Line in a factory; (b) sold non-cooperative equipment to E, a collecting company of scrap metal around October 4, 2016; and (c) sold non-cooperative equipment to E, a collecting company of scrap metal; and (d) around November 10, 2016, it entered the victim in the list of crimes.