The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the fact that the entry contract for the instant vehicle was concluded between C and E by the Defendant’s managing company and the victim, and in this case, the Defendant was obligated to manage the instant vehicle in good faith for the victims who are the local borrower. Thus, the Defendant’s arbitrary establishment of the right to collateral security and receipt of the loan for the instant vehicle without the consent of the victim who is the local borrower constitutes an act in violation of another’s duty and constitutes an offense of breach of trust. However, the lower court erred by misapprehending the legal doctrine, thereby not guilty of the facts charged.

2. On March 24, 2011, the Defendant entered into a contract with the victim E and F (G) F (hereinafter “instant vehicle”) bus (hereinafter “instant vehicle”) with the operator of C (hereinafter “C”) to leave the said vehicle at the office office of 501, Seocheon-gu, Seocheon-gu, Busan (hereinafter “C”) around March 24, 201. As such, the Defendant had a duty to manage the vehicle in good faith.

Nevertheless, on November 9, 2012, the Defendant received 65,000,000 won from the Saemaul Treasury as a security of the instant vehicle from the Defendant, and incurred property damage equivalent to the said money to the victim.

3. Determination

A. Where an owner of a vehicle and a motor vehicle transport business operator externally entrusted the name of the vehicle in his/her possession to a motor vehicle transport business operator (hereinafter “local owner”) and vests his/her ownership and right to manage the operation of the vehicle in his/her possession, and enters into a “motor vehicle management contract” with the purport that the vehicle owner and the motor vehicle transport business operator shall pay a certain amount of management expenses to the local owner in his/her own company when operating the vehicle in his/her own account after being entrusted with his/her right to manage the vehicle in his/her own account, this is combined with a trust in his/her name.