The defendant is not guilty. The summary of the judgment against the defendant shall be published.

A. Since the Defendant traded shares with the comprehensive delegation or approval from the victim, the crime of occupational breach of trust is not established.

B. Even if the crime of occupational breach of trust is established against the Defendant, even if the Defendant actually traded shares with the victim’s securities account, the public prosecutor voluntarily filed a public prosecution against the transaction from March 19, 2010 to June 30, 2010. The lower court erred by misapprehending the legal doctrine on the number of crimes, the scope and effect of indictment, and the scope of prosecution.

2. Determination

A. The summary of the facts charged is a person who works as the vice head of B stock company (hereinafter “B”) from November 2007 to March 201, 2010, leaving his/her position, and works as the head of the business division of C stock company (hereinafter “C”) from March 19, 2010 to January 2018, and was in charge of the operation of the victim D’s deposited funds.

No investment broker shall trade financial investment instruments in accordance with an advance contract with an investor, unless the investor or his/her agent receives an order for trading such financial investment instruments.

On March 19, 2010, the Defendant received KRW 820,00,00 from the above C office to the account in the name of the victim. As such, the Defendant managed it as a good manager’s duty. In such disposition, even if he has a duty of care to obtain the consent of the victim, he/she violates his/her duty and without the consent of the victim, and purchases KRW 534,380 on March 31, 2010 without the consent of the victim. On the same day, the Defendant purchased KRW 77 shares of KRW 547,470 on March 31, 201, in light of the list of crimes to be sold in the name of the victim.