The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence duly submitted by the prosecutor, H included the down payment and intermediate payment as to the sales contract for commercial buildings in KRW 250 million delivered to the Defendants, and the Defendants constitute “a person who administers another’s business,” and the Defendants’ act of completing the registration of transfer of ownership to I Co., Ltd. on the part of I Co., Ltd. constitutes the crime of breach of trust. However, the lower court erred by misapprehending the legal doctrine or not guilty.

2. Determination

A. The summary of the facts charged is that the Defendants agreed to carry on a business of newly building and selling the commercial building (hereinafter, “the commercial building in this case”) called “YYYYYYY, YY, and registered the business under the name of “G” for this purpose and became a new building of the commercial building by investing each of the following shares:

On December 7, 2007, the Defendants decided to raise funds through a pre-sale method, and received 250 million won as the sales price for the above building 301 to be newly constructed from the victim H in the future as the down payment and intermediate payment of KRW 5358.6 million for the above building 301,00,000 from the victim H, and there was a duty to complete the registration of ownership transfer as to the above building 301 at the same time with the payment of any balance from the victim.

Nevertheless, on August 24, 2009, immediately after the completion of the construction of the building in violation of the above duties, the Defendants violated the above duties and completed the registration of ownership transfer with respect to F 301.

As a result, the Defendants conspired to acquire financial benefits equivalent to KRW 250 million and caused the same damages to the victim.

B. In the double selling of related legal principles, in order for the seller to become the subject of the crime of breach of trust as a person who administers the buyer’s business, the seller’s receipt of the down payment alone is insufficient and at least the seller receives the intermediate payment,