1. Any party or any other party may freely escape from the binding force of a contract by waiving the down payment or repaying the amount of the down payment at the stage of which only the down payment is paid; and

However, when the contract is fully implemented due to the payment of intermediate payment, etc., the seller cannot escape from the duty to transfer the ownership of real estate to the buyer unless the contract is revoked or rescinded.

Therefore, when they reach such a stage, the seller is in a fiduciary relationship in which the buyer cooperates in preserving the buyer's property and protects and manages the buyer's pecuniary advantage.

From that time, the seller should be deemed to constitute “a person who administers another’s business” as stated in the crime of breach of trust.

The seller in such position disposes of the real estate to a third party before transferring the ownership of the real estate to the buyer according to the terms of the contract and completing the registration following the disposal to the third party is an act that interferes with the buyer's acquisition or preservation of the real estate.

In light of the reasoning of the first instance judgment and the evidence duly adopted by the lower court, the following facts are revealed. The lower court’s judgment and the evidence duly adopted on May 17, 2018 established the crime of breach of trust, which committed an act of undermining a fiduciary relationship with the buyer (see Supreme Court Decision 2017Do4027, May 17, 2018)

A. On November 2013, the Defendant decided to purchase from the damaged party the land and buildings in Incheon-gun D, Y land and buildings (hereinafter “F real estate”) for KRW 240 million,000,000,000 from the damaged party. Of the price, KRW 170,000,000,000 shall be paid by succeeding the victim’s loan to F real estate and the obligation to return the lease deposit, and the remainder of KRW 70,00,000,000 shall be paid by succeeding to the victim’s loan to F real estate and the obligation to return the lease deposit, and the land in Incheon-gun, Incheon-gun, where the Defendant actually owned with H (hereinafter “the foregoing land and the land are converted to the registration thereof”).