The judgment of the court below (including the part not guilty in the grounds) shall be reversed, and the case shall be remanded to the Seoul Eastern District Court.

The grounds of appeal are examined.

1. Breach of trust against the victim H Co., Ltd. (hereinafter “H”);

A. The crime of breach of trust is established when a person who administers another’s business obtains pecuniary advantage or let a third party acquire it 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 administering another’s

Here, in order to be “a person who administers another’s business,” the primary substance of the relationship between the parties ought to be to protect or manage another’s property on the basis of a fiduciary relationship, such as the case where the whole or part of the business concerning the management of another’s property is performed for another person.

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.

The sole fact that there is an incidental obligation to protect or consider the other party in the performance of a contract cannot be deemed a person who administers another person's business, and where the details of benefits, which are typical and essential matters of the contract, such as delegation, are dealt with with with with with with the other party's property with a certain authority, such as delegation.

In the event that a debtor offers shares as a security for a pecuniary obligation to a creditor to secure a pecuniary obligation, the debtor's obligation to maintain and preserve the value of the security, i.e., the passive obligation not to damage, reduce or destroy the security, and the obligation to cooperate in the creditor's exercise of security right, such as the obligation to deliver the security to the creditor or his/her designated person at the time of exercising the security right, is all the obligation of the debtor

(b).