배임
The prosecutor's appeal is dismissed.
1. In this case, the summary of the grounds for appeal is as follows: (a) although there are special circumstances making it practically impossible for the victim to exercise the mortgage due to the relationship with which the location of the pertinent passenger car is unknown at all, the court below acquitted the defendant of the crime of breach of trust by misunderstanding the legal principles and adversely affecting the conclusion of the judgment.
2. Summary of the facts charged and the judgment of the court below
A. On January 10, 2008, the Defendant purchased BMW 735i car from a used vehicle selling company in which it is difficult to know the trade name at Changwon-si, under the name of her mother, and borrowed KRW 49,500,000 from the victim Hyundai Capital Co., Ltd., Ltd., the Busan-dong Busan-dong 163-1 building to cover the purchase price of the car. On the same day, in order to cover the purchase price of the car, the Defendant was granted a loan of KRW 49,50,000 from the victim Hyundai Capital Co.,, Ltd., Ltd., the Busan-dong Busan-dong Busan-dong Busan-dong 163-1, and on the same day, registered as a collateral security right to the car purchased by the Defendant as collateral with the mortgagee Hyundai Capital Co., Ltd., the bond value of KRW 49,
On July 2008, the Defendant borrowed KRW 20,00,000 from a person whose name cannot be known in front of the Busan District Court located in the Busan District Court's Dong-dong, Busan District Court, in violation of the above duties, and transferred the said car as security. As such, the Defendant acquired property benefits equivalent to KRW 20,000,000 borrowed from a person whose name cannot be known, and suffered damages equivalent to KRW 49,50,000 from the victim’s loan.
B. The judgment of the court below is that even if the defendant provided at will a third party a motor vehicle with a collateral security, such as the above facts charged, as a collateral security, without obtaining permission from the mortgagee, it does not affect the collateral security.