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The defendant shall be innocent.
Reasons
1. On February 17, 2012, the Defendant: (a) opened a term deposit of KRW 10 million in each of the Defendant’s name at the Namyang-si Branch of the Agricultural Cooperatives Association, the Namyang-si branch of the 158, Namyang-dong, and agreed not to withdraw the said term deposit without the consent of the victim (hereinafter “victim”); and (b) set up a pledge on the claim for the term deposit of KRW 30 million in each of the instant charges against the victim’s limited liability company (hereinafter “victim”) as security for the future price; and (c) agreed not to withdraw the said term deposit without the consent of the victim.
Under the above pledge contract and agreement, the Defendant created a duty to preserve the fixed deposit by failing to withdraw the deposit amount from the fixed deposit amount under the above Defendant’s name at his own discretion until the Defendant fully repaid the secured obligation to the victim.
On February 18, 2014, the Defendant, in violation of the above duties, withdrawn 30 million won of the fixed deposit at the National Federation of the Agricultural Cooperatives, Namyang-si branch of the National Federation of the Agricultural Cooperatives.
Accordingly, the defendant acquired property benefits equivalent to 30 million won of a fixed deposit amount, and suffered damages equivalent to the same amount as the victim.
2. 1) In light of the relevant legal principles, “when a person inflicts property damage” in the crime of breach of trust includes not only a case where a real loss was inflicted but also a case where a risk of actual loss of property has been caused, but also a case where the risk of such loss has not been caused.
Here, property damage has occurred.
The risk of actual damage to property that can be assessed means a case where there is a vague risk of damage to the principal is insufficient, and there is a specific risk of damage to the principal from an economic point of view, such as damage to the principal.
Therefore, the risk of actual damage to property should reach the degree of specific and practical risk, and it is only impossible.