The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (legal scenarios) includes cases where the risk of actual damage to property arises, and thus, whether the Defendant, who is responsible for establishing a right to lease on a deposit basis, has remaining at the time of the establishment of a right to lease on a deposit basis with a third party shall be determined based on the maximum debt amount of the prior right to lease on a deposit basis. However, the judgment of the court below which acquitted the Defendant on the ground that there was no property damage by determining the amount of the secured right

2. Determination on the grounds for appeal

A. In the relevant legal doctrine of breach of trust, the damage includes not only the case where the actual loss was incurred but also the case where the risk of property (see, e.g., Supreme Court Decision 94Do3297, Feb. 17, 1995) exists, but also the case where the risk of actual loss of property is deemed to be the same as that of the actual loss of property from an economic perspective. However, it should be determined that the risk of actual loss

(See Supreme Court en banc Decision 2006Do4876 Decided June 19, 2008). Meanwhile, in order to determine whether an act constitutes a crime of breach of trust where a person liable for establishing a right of lease on a deposit basis established a right of collateral with a third party, the amount of the secured claim at the time of the establishment of the right of collateral should be calculated to determine whether the act constitutes a crime of breach of trust, and whether the act has

(See Supreme Court Decisions 89Do2281 delivered on April 24, 1990, and Supreme Court Decision 2004Do5102 delivered on June 15, 2006, etc. (see, e.g., Supreme Court Decisions 89Do2281 delivered on June 2

Judgment

Examining the circumstances revealed in the instant records and pleadings in light of the legal doctrine as seen earlier, in other words, when calculating the remaining collateral value of the relevant real estate based on the maximum debt amount of prior security rights, the actual damage is incurred to the Defendant’s entire property status from an economic perspective.