beta
Text
The defendant shall be innocent.
Reasons
1. The Defendant did not pay KRW 156,434,00 to the injured party’s real engineering company, which was selected as a supervisory company at the construction site and was in charge of duties as a supervisory company at the construction site on November 2, 2005, when he/she acquired the construction site for D Apartment-gun, Chungcheongnam-gun from the construction site to October 12, 201, when he/she had taken over the construction site for D apartment from around November 2005.
At this time, on November 22, 2011, at the office located in Daegu-gu Dong-gu, Seoul-gu, the Defendant provided the victim with physical security at approximately KRW 240,00,000,00 of the market price of the above apartment and prepared a contract for sale and purchase. As such, the Defendant’s duty to implement the procedure for the transfer of ownership under 101, 305,000,000,000 won
Nevertheless, on November 23, 2011, the Defendant violated the above duties, and around November 23, 201, established a provisional registration based on the pre-sale agreement against F, which has a claim of KRW 110,000,00,000, to F, who has a claim of KRW 10,000.
As a result, the Defendant committed an act in violation of his duty as a person who administers another person's business, thereby causing property damage equivalent to KRW 110 million, which is the amount of the secured debt of F provisional registration.
2. Determination
A. Since the crime of breach of trust is established by a person who administers another’s business by acquiring pecuniary advantage through an act in violation of his/her duty, the subject of the crime must be in the position of administering another’s business.
Here, “a person’s business” refers to a person who administers another’s business, even if the essential content of the relationship between the parties goes beyond a simple relationship of claims and obligations, and is required to protect or manage another’s property based on a fiduciary relationship among them, and if the business is not a person’s business, but a person who administers another’s business.