업무상배임 등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The main sentence of the grounds for appeal is too unreasonable.
2. Ex officio determination
A. The crime of breach of trust is established only for the person who administers another’s business, and the performance of obligation under both contracts constitutes “one’s own business” unless there are special circumstances.
B. Of the charges of occupational breach of trust, the Defendant, the representative director of the D Limited Company (hereinafter “D”) has maintained the obligation repayment period pursuant to the joint agreement with the Korea Securities Finance Corporation (hereinafter “victim”) (hereinafter “victim Company”), but the Defendant failed to receive the insurance amount of KRW 9 million for the 40 million, which was abolished by arbitrarily terminating the livestock insurance contract on July 29, 2009, thereby preventing the Defendant from receiving the insurance amount of KRW 9 million for the 4 million, thereby gaining financial benefits equivalent to the insurance amount, and causing damage equivalent to the same amount to the victim Company.
However, according to the evidence duly adopted and examined by the court below, the victim company received a trust from the Alternative Investment Trust Operation Co., Ltd. to earn profits, and the I Co., Ltd. guaranteed the purchase, etc. of oriental medicine, and the Gyeonggi-do concluded a joint agreement on December 24, 2007 with the aim of supporting the livestock insurance premium, instead of investment trust operation Co., Ltd., victim Co., Ltd., Hyundai Securities Co., Ltd., Industrial Bank of Korea, D, and I Co., Ltd. (the parent company that has established D) entered into the joint agreement on December 24, 207. The status of D is as follows: “The receipt of investment principal, the acquisition of securities related to investment, the provision of investment, the entrustment of raising and slaughter, and the affairs stipulated in other agreements to the brand business entity; “The transfer of securities to all Korea Co., Ltd., the pledge or transfer of insurance claims due to the performance insurance and contract insurance” (Article 2).