The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the obligation to faithfully keep the collateral value of the instant vehicle, which had been established by creating a collateral to the victim company, in response to the creditor’s loan, is a debt to be borne by the debtor in return for the creditor, and is not a business of another person, and thus, the crime of breach of trust is not established.

Since E actually has been forced to take advantage of the foregoing vehicle, there was no intention to commit a breach of trust against the defendant.

B. The sentence of the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. (1) Where a mortgage is established on a motor vehicle, the exchange value of the motor vehicle is included in the mortgage, and even if the mortgagee sells the motor vehicle to another person, the mortgage does not affect the mortgage, barring any special circumstance, barring any special circumstance, the mortgagee’s mere sale of the motor vehicle which is the object of the mortgage does not constitute a crime of breach of trust, but where the debtor who provides and occupies the motor vehicle as a collateral unfairly reduces the security value, he/she cannot be exempted from the crime of breach of trust (see Supreme Court Decision 2010Do1165, Sept. 13, 2012). (2) Taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the Defendant’s act constitutes a crime of breach of trust as it practically loses the security value even though he/she is aware that it could not exercise the right to estimate the motor vehicle of this case, and at the time constitutes a crime of breach of trust,

It is reasonable to view it.

Therefore, the defendant's above assertion is without merit.

① On March 14, 2012, the Defendant borrowed KRW 16 million from the Victim Company for the purpose of the purchase fund of the instant vehicle in the name of C, which is a wife around March 14, 2012, to the victim Company.