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The prosecutor's appeal is dismissed.
Reasons
The Defendant concluded a sales contract with the victim of the forest land (hereinafter “the forest land of this case”) on five parcels, such as S, in the time of sansung, and decided to cancel the first right to collateral (hereinafter “the forest of this case”), and received full payment from the victim’s clans.
Nevertheless, the defendant created a second-class collective security, rather than cancelling the first-class collective security, thereby creating a risk of property damage to the family of the victim who is waiting for cancellation of the first-class collective security.
In addition, as long as the defendant set the second-class collateral security without going through the general meeting or board of directors of the victim clan for his own interest, the defendant's intention of breach of trust is also recognized.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found the Defendant not guilty of the charge of breach of trust.
Judgment
The lower court, based on the following circumstances acknowledged by the evidence, i.e., ① the Defendant was under the condition that the registration of the establishment of the first right to collateral was not cancelled at the time of April 6, 2017, which completed the registration of the establishment of the second right to collateral in U.S., but the Defendant did not have the secured obligation of the second right to collateral in U.S. before April 11, 2017, and ② the Defendant loaned KRW 330,000 from U.S. on April 11, 2017 at a lower rate than 330,000,000 as the remaining principal and interest of the first right to collateral in U.S. on the same day, used in full to fully repay the existing principal and interest of the first right to collateral; ③ the Defendant’s repayment of the first right to collateral collateral immediately after the date on which the Defendant fully repaid the first right to collateral collateral was cancelled.
or the defendant's breach of trust.