On October 22, 2013, the Defendant purchased a passenger car W 600, Mamanman-W600 via C, and the victim borrowed 60,200,000 won as the purchase price, and the victim created a mortgage on the bonds amounting to KRW 42,50,000 for the said car. Thus, the Defendant had a duty to properly preserve and manage the said car, which is the object of the said mortgage, for the victim until the object of the mortgage is realized, such as the full payment of the loan, until the object of the mortgage is realized.

Nevertheless, the defendant has violated the above duties and had a total of 56 million won or more for the principal of the installment against the victim.

around February 18, 2014, the bond company borrowed KRW 10 million from D as collateral and offered and delivered the said car to it as collateral, and the vehicle remains at least KRW 54 million as collateral for the victim.

7. On July 1, 200, in the event that D does not repay the above money to D again by the 11th day of the same month, D set up a written confirmation to the effect that D would waive all of the above money and allow D to operate the said money. Ultimately, since July 11, 2014, D or C et al., who received instructions from D or C et al., did not pay the above money to D, thereby unfairly reducing the security value of the said vehicle due to its unknown whereabouts.

As a result, the Defendant acquired property benefits equivalent to KRW 42.5 million in the value of the mortgage on the said car, and suffered property damage equivalent to the same amount from the victim.

[In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant, at the time of the delivery of the above vehicle, the waiver of the vehicle, and the preparation and issuance of a written approval for the operation thereof, may make it impossible for the Defendant to exercise his/her right to make a confluence on the said vehicle by the mortgagee of the said vehicle.