The defendant shall be innocent.

1. The Defendant, as an actual operator of Company B (hereinafter “B”), who runs the business of importing and selling agricultural products, was borrowing and using funds from the victim C Co., Ltd. (hereinafter “victim”) that is a P2P financing business entity from July 2017. As the amount of the loan application increased on March 2018, the Defendant was requested by the victim to provide a collateral for the loan obligations.

On March 16, 2018, the Defendant submitted a letter of commitment to provide the victim company D (hereinafter “D”) with non-issuance of stock certificates as security for transfer, which is held by B.

On May 16, 2018, the Defendant prepared a share sales contract with the meaning of providing E, the representative director of the victim company, and 161,400 shares of the above D as collateral for transfer to the victim company. In the future, if B is unable to repay the loan, the victim company made a promise to dispose of the above shares at will to cover the amount of redemption.

According to the above contract, the victim company acquired the above shares as a collateral for transfer, and B secured the management right of D around July 10, 2018, and the defendant transferred the above shares to the victim company and did not dispose of the above shares to a third party at will, and thus, should cooperate in the preservation of property of the victim company.

Nevertheless, the Defendant, on October 2, 2018, transferred the said shares to H Limited Liability Corporation in the office located in Songpa-gu Seoul F and subparagraph (G) around October 2, 2018, and completed the transfer procedure with H-limited liability on October 25, 2018.

As a result, the Defendant acquired financial benefits equivalent to KRW 807,00,000 at the market price of the above shares, which is the value of the shares, and caused the same damages to the victim company.

2. Determination

A. The relevant legal doctrine of breach of trust is another’s business.