The defendant's appeal is dismissed.

1. Summary of the grounds for appeal;

A. The Defendant does not constitute “a person who administers another’s business” under the crime of breach of trust for the following reasons.

(1) Where a sales contract is terminated by agreement, the ownership transferred to the buyer is naturally returned to the seller, so the seller's right to claim restitution according to the rescission of agreement shall be a real right claim based on ownership, and the buyer's duty to claim restitution in response thereto refers to the seller's duty to claim restitution passively.

Therefore, the defendant's obligation to cancel the registration of transfer of ownership of the real estate of this case according to the contract of cancellation of the agreement of this case is only one of its own affairs and cannot be

② At the same time, the Defendant was obligated to refund the purchase price from the victim to cancel the registration of ownership transfer of the instant real estate. Since the victim clearly expressed his intention not to refund the purchase price in the relevant civil procedure, the Defendant got out of the position of the victim, who is in charge of the business of the victim.

③ The victim stated in the relevant civil procedure that “the rescission of the instant agreement shall be rescinded as an impossible performance of the duty to restore it,” thereby becoming retroactively null and void. Accordingly, the Defendant was exempted from the duty to restore it following the rescission of the instant agreement. As such, the Defendant did not have the status of a person who administers another’s business.

B. The Defendant’s disposal of the instant real estate to K and completed the registration of ownership transfer, thereby causing property damage to the victim or resulting in the risk of damage.

C. The Defendant had no intention to commit a breach of trust.

The Defendant may, upon the request of the above bank, pay the loans to L Co., Ltd., the mortgagee and the mortgagee of the instant real estate.