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(영문) 광주지방법원 2014.04.04 2012고단3669

배임수재

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who represents the above corporation as a director of the social welfare corporation C (the representative is the husband of the defendant) and presides over all the affairs of the corporation; election of executives; and sale of the fundamental property of the corporation; in the case of dissolution, it shall obtain permission from the competent authority; and in the case of dissolution, it shall either contribute residual property to the social welfare corporation with a purpose similar to the above corporation or transfer it to the local government; and even if it is dissolved, it shall not take any pecuniary benefit; in the case of dissolution of the above corporation, the defendant would make payment of money to the above corporation as its representative director; and he would sell the above corporation as its representative director; 3 million won; 1.6 million won; 3 million won; 1.6 million won; 2.6 million won; 3 million won; 1.6 million won; 3 million won; 1.6 million won; 2 million won; 3 million won; 1.6 million won; 3 million won; 9.2 million won; 2 million won; 9.

2. Determination

A. The crime of taking property in breach of trust under Article 357(1) of the Criminal Act is established when a person who administers another person's business obtains property or pecuniary benefits in exchange for an illegal solicitation in connection with his/her duties. The crime of taking property or pecuniary benefits is established when an illegal solicitation is made between a donor of property or pecuniary benefits and a purchaser. Here, "illegal solicitation" refers to the extent that it necessarily constitutes the crime of taking property in breach of trust.