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The defendant shall be innocent.
Reasons
1. On July 18, 2014, the Defendant entered into a mortgage agreement with the victim C Co., Ltd. to pay the principal and interest calculated by adding interest of 21.9% to the loan in equal installments for 36 months after receiving a loan of 20,000,000 won from the purchase price for one motor vehicle for the Dunching Car, and the Defendant entered into an agreement with the victim C Co., Ltd. on the settlement of mortgage at the bond value of 20,000,000 won as the mortgagee and entered into a mortgage agreement at the same time as the bond value of the victim for the said vehicle to set up a mortgage on the bond value of 20,000,000 won as the mortgagee.
Nevertheless, in violation of the above duties, the Defendant received KRW 3,00,000 from a passenger vehicle and received KRW 3,000,000 from a passenger vehicle without properly verifying the personal information of the person who was absent from his name (E), or without preparing a way to confirm the location of the passenger vehicle in front of the place of business of the vehicle registration in the south-gu Busan Metropolitan City on the same day, in violation of the above duties, and thereby, suffered property loss equivalent to the same amount. The Defendant sustained property loss from security value of KRW 20,00,000 for the victim company.
2. Determination
A. Even though the obligor, in accordance with a mortgage agreement for securing a pecuniary obligation, had the obligee bear the obligation to establish a mortgage on the real estate owned by him/her, it cannot be deemed that the obligor, on the basis of a fiduciary relationship with the obligee beyond an ordinary benefit-based relationship arising out of a contract, entrusts the obligee with the obligee.
A debtor's obligation to establish a mortgage against a creditor according to a mortgage creation contract is the debtor's obligation to pay according to a contract.
Since the debtor's performance of the above obligations is only a debtor's own business, it deals with another's business in relation to the creditor.