On February 16, 2015, the Defendant entered into a contract with the victim C on the exchange of 1983 square meters of E forest land, 1983 square meters of F forest land, 1983 square meters of F forest land (hereinafter “the instant forest”) with the victim and his wife G (I, J, K, L), and 5 households of Ytel (Nho-ho, O, P, Qho-ho, and R) in the Seoul Special Metropolitan City, Seocheon-gu, Busan Special Metropolitan City, the victim and his wife G (hereinafter “the instant forest”).

On May 29, 2015, the Defendant completed the registration of transfer of ownership in the name of the person designated by the Defendant as to the four households of the above Htel (I, J, K, and L). On January 13, 2016, the Defendant completed the registration of transfer of ownership in the name of the person designated by the Defendant as to two households of the five households of the above Mtel ( Q & R). Accordingly, the Defendant had the duty to complete the registration of transfer of ownership in the instant forest.

Nevertheless, around September 7, 2017, the defendant violated his duty and set up a mortgage on the forest of this case with the maximum debt amount of 320 million won, the debtor D and the mortgagee S in the future with regard to the establishment of the right to collateral security (right to collateral security) on the forest of this case at the Sungsung District Court registry office around September 7, 2017, stating that the charges in the indictment amounting to KRW 260 million are as follows: "The defendant acquired property benefits equivalent to the exchange value of the forest of this case and caused property damage equivalent to the same amount to the victim." However, the damages in the crime of breach of trust include not only where the actual harm was inflicted but also where the risk of actual damage was incurred. In the event that the seller of the real estate borrowed money from a third party before the registration of transfer of ownership is completed, and the seller incurred property loss equivalent to the secured debt guaranteed by the right to collateral security, barring any special circumstance.