A defendant shall be punished by imprisonment for not less than eight months.

F on January 29, 2014, deposited KRW 10 million out of the purchase price to the account held in the name of the Defendant, and received a refund of KRW 5 million from the Defendant on the same day. Therefore, F’s payment to the Defendant is KRW 5 million.

The contract for sale and purchase prepared by the Defendant with F provides, “The seller may redeem the amount of the down payment and rescind the contract until the buyer pays the intermediate payment (if there is no advance payment, the remainder) to the seller,” and the Defendant may at any time rescind the contract by paying the remainder from F until the remainder is paid.”

Therefore, the Defendant, as the subject of the crime of breach of trust, does not constitute “a person who administers another’s business,” and the Defendant’s act of setting up a collateral to G with respect to the instant apartment on April 15, 2014 does not constitute a crime of breach of trust.

(2) In concluding the above sales contract with F, the Defendant agreed on January 29, 2014 on the remainder payment date, in lieu of F’s acquisition of the secured debt of the right to collateral security established on the instant apartment as to the instant apartment, in lieu of F’s acquisition of the secured debt.

The Defendant offered F with F with the obligation to register the transfer of ownership of the instant apartment, but F with the obligation to accept the said obligation and to pay the remainder amount of KRW 5 million until the remainder payment date.

On March 18, 2014, the Defendant expressed to F a wish to cancel the above sales contract on the grounds of delay in performance as above, and thereby, the above sales contract was lawfully rescinded.

Therefore, the defendant deals with another person's business with respect to the apartment of this case.