On December 14, 2016, the Defendant borrowed KRW 30 million from the injured party, and prepared a fair certificate to repay KRW 60 million until June 14, 2017. In order to secure monetary claims, the Defendant set up five machines, including KRW 440, KRW 220, KRW 110, KRW 150, KRW 150, KRW 150, KRW 150, KRW 20 as a transfer security.

Therefore, the Defendant had a duty to keep the above machinery, which is a transfer security, for the victim, by fulfilling the duty of due care of a good manager until the settlement of the above obligation is completed between the victim and the victim.

Nevertheless, on July 19, 2017, the Defendant violated the above duty, thereby causing property damage to the victim by selling the entire collateral for the above transfer to F at least KRW 60 million, and at the same time acquiring property profit equivalent to the same amount.

2. The instant machinery was owned by the victim by setting up a security for transfer of the instant machinery, and a fiduciary relationship with the Defendant and the other party on the duty to protect or manage the said machinery as a property was formed.

As such, the Defendant constitutes a person who administers another’s business, and the crime of breach of trust is established in the event that the Defendant unfairly disposes of, destroys, damages, or commits an act to reduce the value of the pertinent machinery (Supreme Court Decision 82Do1829 Decided March 8, 1983). However, according to the records of this case, the Defendant entered into a sales contract for the instant machinery with F, received the down payment amount of KRW 10 million, and thereafter, F waive waives the down payment and cancels the contract. The instant machinery is the said sales contract.