업무상배임
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (misunderstanding the facts) is that the Defendants did not perform any act that the Defendants should naturally be in their roles or positions in accordance with the statutes, the good faith principle, and the fact that each of the instant beneficiary certificates operating companies, a third party, obtained profits and inflicted damage on the Defendant’s depository. Thus, the Defendants’ intent of breach of trust is recognized.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination:
A. The summary of the facts charged in the instant case is as follows: (a) from February 1992 to September 2015, 2015, Defendant A comprehensively controlled the overall duties of the president of the Defendant’s credit cooperative located in Seongbuk-gu, Changwon-si; (b) from May 1992 to May 20, Defendant B entered the said credit cooperative; and (c) from January 201 to September 2015, Defendant B took charge of operating surplus funds by taking overall charge of the business related to the receipt of loans, etc. to the managing director of the said credit cooperative.
In the case of the defendants, the Saemaul Treasury is operating surplus funds in a manner that minimizes the risk by actively considering safety, liquidity, and profitability in accordance with Article 39 of the Regulations on the Operation of the Saemaul Treasury's Guidelines, in order to promote the improvement of the economic, social, and cultural status of its members and the development of local communities based on an independent cooperative organization based on the spirit of mutual assistance. In light of the purpose, the Saemaul Treasury is actively at risk, and even if it is required to secure and maintain asset soundness rather than promoting the increase of its assets, it is required to secure and maintain asset soundness and to operate surplus funds in a manner that purchases national or local government or any other similar stable investment method.