업무상배임
The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 20,000,000.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts (1) As to the intention of breach of trust and the causal relationship with the occurrence of damages (totally), the Defendant is the victim E Forestry Cooperatives (hereinafter “victim E”).
As the director of the finance division of the court below established reasonable measures necessary to recover the loans of 10 million won as stated in the judgment of the court below, no intent in occupational breach of trust shall be recognized solely on the fact that the victim union violated the regulations on loans inside the victim union. In addition, there was no causal relationship between the defendant's act and the victim union's losses. ② As with respect to F's loans of 10 million won on November 27, 2006 and most of them were used to repay the existing loans, the victim union did not suffer new losses and did not risk losses. Furthermore, as the above loans of 10 million won on November 26, 2007 were extended to 20,000 won, there was no intention in occupational breach of trust between the defendant and 20,000 won on the loan of 10 million won on the loan of 1,000 won and 200,000 won on the loan of 1,000 won on the loan of 1,000 won on the loan of 2.