The judgment of the court below is reversed, and the case is remanded to Suwon District Court.

Judgment ex officio is made.

1.(a)

Since the crime of breach of trust is established when a person who administers another's business causes damage to another person, who is the subject of the business, by acquiring pecuniary advantage or having a third party acquire it through an act in violation of his duty, the subject of the crime must be in the position of administering another'

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, which goes beyond an interest-based relationship under an ordinary contract, such as the case where the whole or part of the business concerning the management of another’s property

(See Supreme Court Decision 86Do2490 Decided April 28, 1987; Supreme Court Decision 2008Do11722 Decided February 26, 2009; Supreme Court en banc Decision 2008Do10479 Decided January 20, 201; Supreme Court en banc Decision 2014Do363 Decided August 21, 201, etc.). The relationship between the other party’s profit-sharing relationship and the other party’s profit-making by performing his/her contractual rights or by performing his/her contractual obligations in good faith is that the other party obtains the other party’s benefit of satisfaction of the debtor’s rights under a contract or of realizing his/her claims under a contract.

The sole fact that there is an incidental obligation to protect or take account of the other party in performing a contract does not constitute a person who administers another person’s business (see, e.g., Supreme Court Decision 2015Do1301, Mar. 26, 2015). If the content of performance, which is a typical essential element of a contract, is entrusted with the affairs of the other party’s property with a certain authority, such as delegation, etc., it should be deemed that

B. In order to secure a monetary obligation, the obligor’s provision of movable property owned by the obligor as a security for transfer to a creditor, thereby hindering the execution of the security right by either disposing of or destroying or damaging the security value to the mortgagee who is the creditor.