The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is the case of voluntary disposal of factory machinery which is established by the mortgagee of the right to collateral security, and the decision of the Supreme Court en banc Decision cannot be applied to the case where the debtor who provided movable property as security disposes of the collateral to a third party, and thus, the debtor cannot be deemed to be a person who administers another's business, and thus, it shall be interpreted that there exists an agreement between the debtor and creditor that the debtor deal with the creditor'

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

2. The obligation to be borne by an obligor under a mortgage agreement is for the achievement of the purpose of collateral, that is, the realization of a claim through the exercise of a security right in the event of default. As such, the typical essential content of the relationship between the parties, regardless of whether before or after the conclusion of a mortgage agreement or the establishment of a mortgage

(See Supreme Court en banc Decision 2019Do14770 Decided August 27, 2020, etc.). Therefore, the obligor’s performance of the above performance obligation is merely an obligor’s own business, and the obligor cannot be deemed to have performed the obligee’s business based on a fiduciary relationship with the obligee going beyond an ordinary contractual relationship. Therefore, the obligor’s performance of such performance does not constitute “a person who administers another’s business,” who is the subject of breach of trust, in relation to the obligee.

Therefore, even if a debtor reduces or loses the value of a security by disposing of a security to a third party, thereby causing danger to the creditor's exercise of security rights or the realization of a claim thereby, the crime of breach of trust is not established, and the above legal principles are under the Factory and Mining Foundation Mortgage Act to secure a pecuniary obligation.