1. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), in order to recognize the beneficiary who gains a profit from the commission of the crime of occupational breach of trust or a third party closely related thereto as a joint principal offender against the person who committed the crime of occupational breach of trust, the act by the person who committed the crime of occupational breach of trust should have been recognized.

Furthermore, it is necessary to actively participate in the act of breach of trust by instigating the act of breach of trust or participating in the whole process of breach of trust.

(2) According to the reasoning of the judgment below, the court below rejected the defendant's statement made at the investigation agency on September 10, 2009, and rejected the reasoning of the judgment below, on the following grounds: (a) the court below determined that the defendant actively participated in the act of occupational breach of trust by taking into account the validity of loans and the part of the charges of occupational breach of trust by taking into account the following circumstances: (b) the defendant's withdrawal from the business of a public charnel house, the feasibility review of the business of a public charnel house, the replacement of the photographic body, etc.; and (c) the validity of the business of a public charnel house, the replacement of the photographic body, etc.; and (d) the defendant's active participation in the act of occupational breach of trust by taking into account the validity of loans and the validity of loans for five months in the process of determining the loans by the defendant; and (e) the defendant's active participation in the act of occupational breach of trust after examining the validity of loans and the part of the charges of this case.

The judgment below

In light of the above legal principles and records, the judgment of the court below is justified, and it is so decided as per Disposition by the assent of all participating Justices.