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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
In order to secure a monetary obligation, where a debtor has agreed to establish a mortgage or created a mortgage on a movable owned by him/her in accordance with the Act on Mortgage on Motor Vehicles and Other Specific Movables, etc., the debtor's obligation to provide the movable as a security, i.e., obligation to maintain and preserve the value of the security, passive obligation not to damage, reduce or destroy the security, and obligation to cooperate with the creditor or his/her designated person at the time of execution of the security right, such as obligation to deliver the security to the creditor or his/her designated person at the time of execution of the security right, etc., all of
Therefore, the obligor’s performance of the above obligation is merely an obligor’s own business, and the obligor cannot be deemed to have entrusted the obligee’s business based on a fiduciary relationship with the obligee beyond an ordinary contractual relationship. Therefore, the obligor cannot be deemed to fall under “a person who administers another’s business,” who is the subject of breach of trust, in relation to the obligee.
Therefore, even if a debtor reduces or loses the value of a security by disposing of a security to a third party, thereby causing danger to the creditor's exercise of security right or the realization of a claim through this, a breach of trust
The foregoing legal doctrine likewise applies to the cases where an obligor disposes of the movable property mortgaged under the Factory and Mining Foundation Mortgage Act to secure a pecuniary obligation at will to a third party (see, e.g., Supreme Court en banc Decision 2020Do6258, Oct. 22, 2020). On the grounds stated in its reasoning, the lower court acquitted the Defendant on the ground that there was no proof of a crime regarding the part concerning breach of trust among the facts charged in the instant case
The judgment below
Examining the reasoning in light of the relevant legal principles and records.