업무상배임
Defendants are not guilty.
1. The summary of the facts charged is a pastor of the H of the G religious organization (hereinafter referred to as “victim church”) who is in the position to determine the duties of entering and withdrawing the money contributed by the members of the above victim church, and Defendant B is the head of the victim church, who is in charge of managing the money contributed by the members.
Since the form of devolving the church properties is collectively owned, the management and disposition of the church properties shall be conducted by the articles of association or other regulations of the church, but if there is no such regulations, the resolution of the majority of the members of the church
In addition, in accordance with Article 21 (5) of the Constitution of the church, the settlement of the church and the budget shall be decided at the joint council meeting, and the execution of the budget decided at the joint council pursuant to Article 17 (1) of the Rules of the Victim church shall be decided by the joint council.
Therefore, the church property should be executed through a resolution of the joint council in accordance with the will of the members, and the resolution of the joint council.
Nevertheless, the Defendants, by taking advantage of the fact that the donation of the victim church is freely used according to Defendant A’s personal instructions, conspired to use the donation for personal interests of Defendant A in violation of the duties of executing the donation of the victim church.
1. On January 30, 2005, the Defendants in occupational breach of trust against the Guarantee Insurance Premiums, etc. issued an order to Defendant B to pay KRW 495,00 for the purchase cost of the Guarantee Insurance (Tsung) which they voluntarily subscribed from the church property without following the resolution of the joint council by taking advantage of the fact that Defendant A may freely enter and depart from the HJ’s accounting office located in the Haasan City in the Hasan City of Jan. 30, 2005, and Defendant B paid KRW 495,000 from the donation of the church and arbitrarily used it, and Defendant A paid KRW 495,000 from that time to July 12, 2009 as shown in the attached list of crimes.