The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant purchased BMW 735i car from a used vehicle selling company in which it is impossible to know the trade name at Changwon-si on January 10, 2008 under the name of mother C, and borrowed KRW 49,500,000 from the victim Hyundai Capital Co.,, Ltd., Ltd. located on the 7th floor in Busan-dong, Busan-dong, Busan-dong, to cover the purchase price for the car. On the same day, the Defendant registered the creation of a collateral security right to the said car purchased by the Defendant as collateral with the mortgagee Hyundai Capital Co., Ltd., Ltd., bond value of KRW 49,500,000,000. Thus, the duty to keep the said car until the loan is repaid.

On July 2008, the Defendant borrowed KRW 20,000,000 from a person who is unable to know his name in front of the Busan District Court located in the Busan District Court's annual system, in violation of the above duties, and transferred the said car as security.

As a result, the Defendant acquired pecuniary benefits equivalent to KRW 20,000,000 borrowed from a person whose name was not known, and inflicted damages equivalent to KRW 49,50,000 on the victim.

2. In a case where a mortgage is established on a judged automobile, the exchange value of the automobile is included in the mortgage, and even if the mortgager sells an automobile and its owner is different, the mortgage does not constitute a crime of breach of trust merely by selling an automobile which is the object of the mortgage to another person, unless there are special circumstances.

(See Supreme Court Decision 2008Do3651 Decided August 21, 2008). Therefore, even if the Defendant provided at will a third party with an automobile on which the right of collateral security was established without obtaining the consent of the mortgagee as stated in the facts charged, it does not constitute a crime of breach of trust since it does not affect the right of collateral security, and thus, it does not constitute a crime of breach