The prosecutor's appeal is dismissed.

1. The gist of the grounds of appeal is the act of delivering the Defendant to F a disposal of the instant benz car, which is the security of the victim, to the victim, thereby causing the damage equivalent to the above security and pecuniary gain to F. The Defendant was aware of the above act, and thus, it can be sufficiently recognized that the Defendant had the intention of intentional breach of trust or unlawful acquisition.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. On May 24, 201, the Defendant borrowed KRW 100,000 from the victim E in agricultural cooperatives located near “D” located in Gangnam-gu Seoul Metropolitan Government on May 24, 201 and returned KRW 30 million on the following day, and borrowed KRW 70,000,000.

On May 24, 2011, the Defendant lent KRW 70 million to F, received a loan certificate, automobile transfer certificate (benz, temporary operation permit G), temporary operation permit, import declaration certificate, vehicle abandonment certificate, certificate of personal seal impression, etc. from F as security, and the instant vehicle delivered the said documents to the victim on May 31, 2012, the Defendant decided to keep the instant vehicle on behalf of the victim.

On the other hand, F paid the Defendant the sum of KRW 20 million on June 4, 2012, KRW 30 million on August 2, 2012, KRW 50 million, and KRW 20 million on the remainder of the borrowed amount.

Since the Defendant kept the instant vehicle offered as security for the victim, the Defendant had a duty of care not to perform an act of losing the value of security, such as disposing of the said vehicle without the consent of the victim.

Nevertheless, on July 2012, the Defendant issued the instant vehicle to F without the victim’s consent in front of the Defendant’s house located in Manman-si H in Seocho-si on July 2012 and transferred the instant vehicle to F to F, and at least KRW 20 million, the remainder of the borrowed money.