The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Since the crime of breach of trust can be established even based on a de facto fiduciary relationship or a social ethical fiduciary relationship, the defendant has a duty to obtain the consent of the victims in order to establish a collateral in his/her name on the real estate provided to compensate for the damage inflicted on the victims.

Nevertheless, the lower court erred by misapprehending the legal principles and thereby acquitted the Defendant.

Judgment

A. A. Around June 2011, the Defendant introduced the Victim F upon the request of the auditor E of the Korea Savings Bank to “the auditor of the Korea Savings Bank due to the audit of the Korea Financial Supervisory Service, i.e., the person who provided real estate security,” and had the said victim provide only real estate security to the Korea Savings Bank without actually receiving a loan.

On June 30, 201, the victim F, who is the victim's owner, set up a right to collateral security with the mortgagee as the debtor company, the maximum debt amount of the 4.42 billion won, and the mortgagee as the Korea Savings Bank.

E promised to terminate the collateral two months after receiving the audit of the Financial Supervisory Service, but rather, it is difficult to terminate the collateral provided by the victim F at will on September 18, 201 due to the doping that was under the audit of the Financial Supervisory Service.

The Defendant provided real estate owned by many people, other than the victim F, to the Korea Savings Bank as collateral and established a collateral security. For the foregoing reason, when the termination of the collateral was not possible, the Defendant requested the Korea Savings Bank to compensate for losses on the side of the Korea Savings Bank and the Defendant agreed to obtain a collateral security in the form of a collateral security on real estate owned by the president of the Korea Savings Bank.

In order to preserve the damages, the right to collateral security shall be secured.