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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is as follows: (a) while operating the PC in the name of “C” in the Gangseo-gu Seoul Metropolitan Government building B and the Do floor, the Defendant attempted to replace the PC whose business was deteriorated; (b) but it was difficult for financial institutions to borrow the PC due to lack of personal credit; (c) obtained consent from D to obtain business funds and obtain business registration loans in the name of “C” in order to obtain business funds.
Accordingly, the Defendant changed the above PC from January 28, 2019 to EP (E) and registered its business in the name of D. On January 31, 2019, the Defendant left the victim-based staff of the Fund for the Settlement of Disputes (hereinafter “victim Company”) with the name-free staff of the D Operation Committee for the Settlement of Disputes (hereinafter “victim Company”) with the third floor H in the G market on January 31, 2019, and received KRW 130 million from the victim company in the name of D, and provided the victim company with prefabricated 96 PC and other equipment (hereinafter “the PC, etc.”) as movable property owned by the Defendant to secure its monetary liability. Accordingly, the Defendant had the duty to keep the instant PC, etc. for the victim company prior to repayment of the debt in accordance with the above agreement.
Nevertheless, on July 2019, the Defendant, in violation of the above duties, sold the instant PC, etc. to a computer dealer and transferred possession thereof for KRW 3,864,00,000.
Accordingly, the Defendant, in violation of his duties, acquired the benefit equivalent to the market value of the unsecured security value of the instant PC, and suffered the same loss to the victim company.
2. Determination
A. In order to secure a monetary obligation, the obligor’s provision of his/her movable property as a security for transfer to a creditor, thereby exercising the security right by either disposing of or destroying or damaging the security value against the mortgagee, who is the creditor.