업무상배임
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. Summary of grounds for appeal;
A. We examine the argument in writing filed by the Defendant after the deadline for submitting the statement of grounds for appeal due to mistake of facts or misapprehension of legal principles as well as the argument in the statement of grounds for appeal along with the allegations in the statement of grounds for appeal (see Supreme Court Order 2002Mo265, Dec. 3, 2002). The conclusion of the instant service contract by the Defendant does not constitute an act contrary to the duty as the president of the victim association, and at the time, the Defendant did not intend to obtain property benefits from the Defendant Company G (hereinafter “G”) and did not cause damage to the victim association, and there was no intention in breach of trust in order to cause damage to the victim association due to the instant service contract.
B. The sentence imposed by the court below (two years of suspended sentence in October) is too unreasonable.
2. Determination on the grounds for appeal
A. The summary of the facts charged in the instant case is that the Defendant, from around 2016 to around 2016, worked as a member of the Committee for Emergency Countermeasures of the Victim CF established by the 204 members, etc. of the Seoul Songpa-gu farming business operator B, and was elected from the extraordinary general meeting of the Victim CF on September 2, 2017 to externally represent the Victim CF and exercise overall control over the affairs of the association.
On January 29, 2015, the Victim Association entered into a business agreement with the victim D Committee's office located in Songpa-gu Seoul Metropolitan Government F around August 23, 2016 to receive various services and funds under the condition that any of the members of G and the D Committee will be selected as the event of the Victim Association, and without prior written consent from the above E in advance.