The accused shall dismiss an application for compensation order filed by the applicant for compensation of innocence.

1. The Defendant is a D Scarman, E, and a land borrower registered in the name of the Co., Ltd. Co., Ltd. in the indictment.

On June 28, 2018, the Defendant obtained a loan of KRW 196,500,000 from the victim in charge of the business of the victim B (ju) located in the Yangsan-si, on a condition that the vehicle price of KRW 196,50,000 is repaid in installments for 72 months from the victim’s office in charge of the G management, and the Defendant set up a collateral security right of KRW 172,00,000 for the said vehicle on August 14, 2018.

On June 29, 2018, the Defendant purchased 54,670,000 won for a vehicle from the victim company on the condition that the vehicle be repaid in installments in 72 months. On August 14, 2018, the Defendant set up a right to collateral security with the maximum debt amount of 54,670,000 won for the said vehicle.

The victim paid 7/10 of the principal and interest on the above Switzerland, and paid 10/10 of the principal and interest on the above Tractor, and delayed repayment of the principal and interest, and the defendant notified the loss of interest and requested delivery of a vehicle for the execution of mortgage. As such, the defendant has a duty to preserve the collateral value of the above Tractor until all the above principal and interest are paid for the victim.

On July 2019, the Defendant, in violation of the foregoing duties, borrowed KRW 20 million from the International Used Vehicle Trading Company in Busan Southern-gu, Busan-gu, to Nonindicted Party J, the owner of the said trading company, and offered the said two vehicles as security around August 201 of the same year, and the Defendant acquired pecuniary benefits of KRW 226,670,000, and suffered loss equivalent to KRW 226,670,000 ( KRW 172,00,000) to the victim.

2. The obligor’s performance of the obligation to pay to the obligee is merely an obligor’s own business, and the obligor is in charge of the obligee’s affairs based on a fiduciary relationship with the obligee, beyond an ordinary contractual relationship.