In the event a mortgage is established on an automobile, the exchange value of the automobile is included in the mortgage, and even if the mortgager sells an automobile and its owner is different, it does not constitute a crime of breach of trust merely because the mortgager simply sells an automobile which is the object of the mortgage to another person (see Supreme Court Decision 2008Do3651, Aug. 21, 2008), barring any special circumstance, it cannot be exempted from the liability for the crime of breach of trust in the event the debtor provided as a security and possessed an automobile unfairly reduces the value of the security.

(See Supreme Court Decision 89Do350 delivered on July 25, 1989. According to the reasoning of the judgment of the court below, the court below affirmed the judgment of the court of first instance which acquitted the Defendant of the primary charges of breach of trust on the ground that even if the Defendant provided a third party with an automobile on which a mortgage was established without the consent of the mortgagee, the mortgage does not affect the mortgage, thereby constituting a crime of breach of trust.

However, according to the evidence adopted by the first instance court maintained by the lower court, the Defendant borrowed KRW 20,00 from the person who is the largest president, whose identity is not accurately known, and delivered the instant vehicle as a security, and prepared up a letter of waiver of the vehicle. After that, the Defendant failed to repay the above borrowed money, and the Defendant suspended the repayment of loans to the victim, and the victim was issued an order to deliver a vehicle for the execution of mortgage on the instant vehicle, but did not grasp its location, and eventually became impossible to execute it. In addition, measures necessary for the registration of transfer under the Automobile Management Act and other relevant Acts and subordinate statutes, such as the issuance of a certificate of personal seal impression by the transferor, which should be accompanied