The judgment of the court below is reversed.

The defendant shall be innocent.

Summary of Grounds for Appeal

The obligation of the defendant to establish a collateral security to the victims is not another person's business.

The establishment agreement between the defendant and the victims of the right to collateral security is for the ultimate purpose of securing the performance of the obligation of 1.45 million won for the balance of the sale and purchase, and is not for establishing the limited real right on real estate value. Therefore, it cannot be deemed as another person's business. At the time, the defendant did not have the intention of breach of trust.

The judgment of the court below that recognized the crime of breach of trust against the defendant is erroneous or erroneous.

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

On March 11, 2016, the Defendant entered into a sales contract with the victim E and F, who is the joint owner of the 'D hotel' in the Gangnam-gu Seoul Metropolitan City, Gangnam-gu, Seoul, to purchase the said real estate in the purchase price of KRW 11.35 billion, and paid down payment and intermediate payment of KRW 400 million, and paid KRW 8.5 billion, which is the remainder, KRW 9.5 billion.

On April 28, 2016, the Defendant: (a) transferred the ownership of the said hotel building from the victims under the name of C on April 29, 2016, to the victims of the remainder of KRW 1,450,000,000,000 remaining in the International Office of the Seocho-gu Seoul Metropolitan Government Hho Law Firm I of the University Building, “The Defendant would give priority to the victims by creating a collateral security right to transfer the name of D’s hotel and pay the balance as the lease deposit received by leasing the hotel.” (b) Accordingly, on April 29, 2016, the Defendant had the duty to complete the registration of the establishment of a collateral security right exceeding the maximum debt amount of KRW 1,450,00,00

Nevertheless, on April 2, 2018, the Defendant violated his duty, and leased the above hotel with a deposit of one billion won to the J at an infinite place, and at the above hotel building, caused the maximum amount of debt 1.2 billion won to the said J against the said hotel building.