배임
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. In the instant case, the Defendant and the victim D did not have any explicit agreement between the victim and the victim D to withdraw from the successful bid of the instant case, and the victim cannot be deemed to have renounced the opportunity for the successful bid.
Nevertheless, the lower court determined that the Defendant did not have any intention to commit a breach of trust on the grounds that there are various circumstances to deem that the contract of the instant successful bid was terminated.
The court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.
B. As the Defendant did not notify the place and time of a successful bidder meeting with an intention to deprive the victim E of an opportunity to participate in the successful bidder bid, it is deemed that the risk of property damage equivalent to the amount of the opportunity for successful tender would have occurred to the victim. 2) Even if the victim personally known the place and time of a successful bidder meeting, and thereby did not cause property damage to the victim as a result of attending a successful bidder meeting, it is deemed that the execution of the crime of breach of trust has already been commenced at the time when the Defendant did not inform the victim of the place and time of the successful bidder meeting. Thus, the Defendant’s act, such as the Defendant’s act, as stated in the facts charged, constitutes an attempted crime of breach of trust.
2. Determination as to the instant case No. 2015 Highest 240
A. The summary of the facts charged is that the Defendant received KRW 21,343,00 in total by receiving monthly payment from the victim D to August 2, 2014, for the total sum of KRW 21,343,00,000, consisting of 20 members of the fraternity organized on July 24, 2013, 200, 2000,000 won, and 30,000,000 won, consisting of 20 members of the fraternity organized on December 21, 2013.
The owner of the successful bid shall pay the deposit amount in good faith by the members.