The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (misunderstanding of legal principles) as to the defendant's act of withdrawing deposits, causing damages to the victim who loses the security by the pledgee, so it is reasonable to deem the defendant to have committed a breach of trust.

2. Determination

A. On February 17, 2012, the Defendant: (a) opened a term deposit of KRW 10 million in each of the Defendant’s name at the Namyang-si Branch of the Agricultural Cooperative Association, the Namyang-si branch of the 158, Namyang-dong, and agreed not to withdraw the said term deposit without the consent of the victim (hereinafter “victim”); and (b) set up a pledge on the claim for the term deposit of KRW 30 million in each of the instant charges against the victim’s limited liability company (hereinafter “victim”) as security for the future price; and (c) agreed not to withdraw the said term deposit without the consent of the victim.

Under the above pledge contract and agreement, the Defendant created a duty to preserve the fixed deposit by failing to withdraw the deposit amount from the fixed deposit amount under the above Defendant’s name at his own discretion until the Defendant fully repaid the secured obligation to the victim.

On February 18, 2014, the Defendant, in violation of the above duties, withdrawn 30 million won of the fixed deposit at the National Federation of the Agricultural Cooperatives, Namyang-si branch of the National Federation of the Agricultural Cooperatives.

Accordingly, the defendant acquired property benefits equivalent to 30 million won of a fixed deposit amount, and suffered damages equivalent to the same amount as the victim.

B. The lower court determined that the Defendant’s act of withdrawing KRW 30 million for a term deposit with the maturity of February 18, 2014 constitutes “an alteration that would extinguish the right under the pledge or would prejudice the interests of the pledgee” under Article 352 of the Civil Act, since the Defendant’s act of withdrawing KRW 30 million for a term of time due to the maturity of February 18, 2014 constitutes “an alteration that would impair the rights under the pledge or the interests of the pledgee” under Article 352 of the Civil Act, and as long as the requirements for the establishment of the initial pledge are met, the act of withdrawing the Defendant’s term deposit between the National Federation and the