The defendant shall be innocent.

1. The gist of the facts charged is that the Defendant runs the mechanical parts manufacturing industry B.

The Defendant borrowed a total of KRW 1.785 billion from April 12, 2012 to February 26, 2019 from the victim C Co., Ltd., and at the time of the above loan, established a collateral security on the B factory site, building, machinery, etc. located in Daegu Northern-gu D owned by the Defendant at the time of the above loan.

The defendant has a duty to preserve and manage the collateral provided as above for the victim in accordance with the purpose of the collateral and to not dispose of it to a third party at will.

Nevertheless, on October 29, 2019, the Defendant, in violation of the foregoing duty, sold 2 lots of 52 million won to E, which the Defendant offered as security, to the victim, thereby acquiring pecuniary benefits equivalent to KRW 52 million in the market price of the above machinery, and suffered losses equivalent to the same amount to the victim.

2. Determination

A. The relevant legal principle of breach of trust is established when a person who administers another’s business obtains pecuniary advantage or let a third party obtain such benefit by acting in violation of his/her duty, thereby causing damage to another person who is the subject of the business. Therefore, the subject of the crime must be in the position of dealing with

Here, in order to be “a person who administers another’s business,” a person who acts as an agent for another person with all or part of the affairs pertaining to the management of another’s property should have to protect or manage another’s property based on a fiduciary relationship, which goes beyond an interest-based relationship under an ordinary contract.

In a commercial contractual relationship in a separation relationship, the other party obtains the benefit of satisfaction of the rights under the contract or realization of the claim through the faithful performance of the debtor's duty in good faith.

(2).