The judgment of the court below is reversed.

The defendant shall be innocent.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. Ex officio determination

A. On April 30, 2012, the Defendant: (a) borrowed KRW 100 million from the “D” coffee shop located in Seocheon-si, Seocheon-si; (b) agreed to provide the victim E with security as a construction cost; and (c) drafted a sales contract for the said Nos. 301 and 302; and (d) if the victim is unable to repay the said debt to the victim, the Defendant transferred the said Nos. 301 and 302 or followed the victim’s intent regarding the disposition.

Nevertheless, on November 27, 2012, the Defendant violated the above duties, thereby acquiring property benefits equivalent to KRW 100 million and causing damages equivalent to the same amount as the victim by granting F a registration of the right to claim ownership transfer against the above Nos. 301 and 302.

B. The crime of breach of trust is established when a person who administers another’s business obtains pecuniary benefits by an act in violation of his/her duty and causes damage to another person, who is the principal agent of the business.

Here, in order to deal with another’s business, “a person’s business” requires the protection or management of another person’s property on the basis of a fiduciary relationship between the parties, beyond a simple relationship of claims and obligations. If the business is not a person’s business but a person’s own business, the person does not constitute a person who administers another’s business, even if he/she has a duty to manage the business in question

A debtor shall bear an obligation due to a loan for consumption, etc. to a creditor, and shall make an accord and satisfaction reservation in which the ownership of the immovables is transferred in the future to secure it.