[2014 Highest 1075]

1. Around May 31, 2011, the Defendant entered into a lease agreement with the victim 21,000,000 won at the market price of the victim company from the victim 2,224 won, 601,970 won at one time, 4-48 lease fees, 2,286,010 won, and 48 months for lease fees, respectively, on the same day, with respect to the public machinery in the “C” as “the victim 2,100,000 won at the market price of the victim company from the victim 2,10,000,000 won, which is owned by the victim company,” and on the same day, the Defendant disposed of the said public machinery at his/her own discretion and embezzled it for the victim company. < Amended by Act No. 11903, Jul. 7, 2013>

2. On September 10, 2010, the Defendant in breach of trust took out a loan of KRW 60 million from the Industrial Bank of Korea to a small and medium enterprise facility fund from the Industrial Bank of Korea as a security for transfer to the above bank, and possessed and used the above team as a security for transfer to the above bank. Of the above loans, the Defendant had the Victim and Technology Credit Guarantee Fund provide credit guarantee for KRW 51 million.

Since August 23, 2013, the Defendant failed to pay interest on the above loan, the victim paid the above amount of KRW 52,208,982 in total to the above bank as a guaranteed debt, and made a payment to the above bank on December 31, 2013 by transferring a security right on the above first half of the loan from the above bank and conducted a public auction procedure on the said first half of the loan. As such, the Defendant had a duty to keep and manage the above first half of the loan by fulfilling the duty of due care of a good manager so that the victim can achieve the purpose of the security for transfer.

Nevertheless, on March 2014, the Defendant violated the above duty and thereby, sold the above team to a person whose name is not known in the above "C" and acquired the above team's economic benefits, and suffered the victim's economic damages equivalent to the same amount.