The defendant shall be innocent.

The summary of the facts charged is the person who operates the LAC in Daegu-gu.

On March 14, 2018, the Defendant entered into an agreement with the victim EF Bank Co., Ltd. (hereinafter referred to as the “victim Bank”) to obtain a loan of KRW 68 million from the victim EF Bank Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) at the Daegu-gu Office of Daegu-gu, Daegu-gu, and obtained a loan of KRW 68 million from the damaged bank on March 20, 201, on the 16th of the same month, by transferring the ownership of poly Boli-do Co., Ltd. (hereinafter referred to as the “instant machinery”), which is owned by the Dispute Resolution Co., Ltd. Co., Ltd. (hereinafter referred to as the “Co.”), to continue to occupy and use the said machinery.

Therefore, the Defendant had a duty to manage the instant machinery in conformity with the purpose of use until he/she repaid the loan obligation, and not arbitrarily dispose of it to a third party.

Nevertheless, in violation of the above duties, the Defendant arbitrarily sold the instant machine to the person in distress of name in advance of the resolution committee for the settlement of disputes on September 2018, 2018.

Accordingly, the defendant acquired property benefits equivalent to KRW 68.8 million in the market price of the above machinery, and suffered damages equivalent to the same amount from the damaged bank.

Judgment

A. Even if a debtor provided a movable property as a collateral for security to a creditor in order to secure a pecuniary obligation, and the debtor was obligated to maintain and preserve the value of the collateral to the mortgagee, who is the creditor, or not to perform any act that interferes with the exercise of the security right by either disposing of the collateral or destroying or damaging the collateral, it cannot be deemed that the debtor is in charge of the creditor’s affairs on the basis of a fiduciary relationship with the creditor, beyond an ordinary contractual relationship.

Therefore, it cannot be said that the debtor is "a person who administers another's business," who is the subject of the breach of trust.