A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Around July 25, 2016, the Defendant, at a notary public C office located at macro-si B, drafted a notarial deed to pay interest of 25% per annum of 17 million won per year for the existing debt of the victim D with respect to KRW 17 million to the victim D, and agreed to transfer the said deed to the victim by means of possession amendment, such as two air conditioners, three air conditioners, three air conditioners, three air conditioners, six small waveers, and fifteen air conditioners, in order to secure this.

Since the defendant provided the above house as a collateral for transfer to the victim, there was a duty to keep the above house for the victim, who is the mortgagee, before paying his/her obligation in accordance with the above agreement.

Nevertheless, the Defendant violated the above duties, without the consent of the victim, sold the said goods at the price of KRW 63.5 million to G, who was a branch of G around January 10, 2018, and transferred the possession.

As a result, the defendant acquired property benefits equivalent to KRW 63.5 million, and suffered property damages equivalent to KRW 17 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Third police suspect interrogation protocol against the accused (including G substitute part);

1. The Defendant asserts that the crime of breach of trust is not constituted, since the Defendant’s judgment on the Defendant’s assertion of authentic deeds (a loan for consumption of money transferred for security), detailed statement, and written statement sent by the victim to the Defendant was obtained the victim’s oral consent before selling to G, and thus, it is not established

According to the victim's testimony, it can be recognized that the victim mentioned that the victim would sell the main points to the defendant and repay the borrowed money. However, in light of the situation where the victim continuously urged the defendant to pay his/her debt, it is traded as a mortgagee.