The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months, two years of suspended sentence, and 120 hours of community service order) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. The facts charged and the judgment of the court below

A. The summary of the facts charged is the person who was the representative director of C, a company located in Nam-gu Incheon Metropolitan City B.

On April 22, 2014, the Defendant loaned KRW 200 million to small and medium enterprise facility funds from the Industrial Bank of Korea, and purchased two machines from the vertical machine learning center (name of goods: DNAM500Ⅱ), and offered the two machines as security for transfer to the victim bank.

According to the agreement on the transfer for security, the Defendant performed his duty to use, preserve, and manage the two above machinery of the object of the transfer for security on behalf of the victim bank within the ordinary use or scope of business, and not to damage the value of the collateral by disposing of the above collateral.

Nevertheless, around December 2018, the Defendant sold the above two machinery to D with KRW 70 million.

As a result, the Defendant arbitrarily disposed of the machinery which is the object of security for transfer in violation of the above duty, thereby acquiring pecuniary benefits equivalent to KRW 70 million and causing a loss equivalent to the same amount to the victim bank.

B. The lower court found the Defendant guilty of the facts charged by compiling the evidence as indicated in its judgment.

3. Even if an obligor, ex officio, provided a movable property to a creditor as a collateral for security in order to secure a pecuniary obligation, has been obligated to maintain and preserve the value of the collateral to the mortgagee, who is the creditor, or not to perform any act impeding the exercise of the security right by either disposing of or destroying or damaging the collateral, the obligor is on the basis of a fiduciary relationship with the creditor beyond an ordinary contractual relationship.