1. As to Defendant A’s occupational breach of trust

A. Since a stock company is an independent right holder separate from a shareholder, its understanding is not necessarily inconsistent, if a shareholder or representative director arbitrarily disposes of the company’s property for private purposes, the company passed a resolution at the general meeting of shareholders or the board of directors regarding such disposal.

Even if the crime of embezzlement can not be exempted.

In addition, the intention of illegal acquisition in the crime of embezzlement refers to the intention of disposal such as the ownership of another person's property in breach of his/her duties for the purpose of seeking the benefit of himself/herself or a third party, and there is an intention of returning, compensating or preserving the property later.

Even if there is no obstacle to recognizing the intention of illegal acquisition.

(See Supreme Court Decision 2005Do3045 delivered on August 19, 2005, etc.). B.

The lower court acknowledged the circumstances as indicated in its reasoning after comprehensively taking account of the adopted evidence, and held that Defendant A, the representative director of Defendant D (hereinafter referred to as “D”) contracted the construction of the instant building to I Co., Ltd. (hereinafter referred to as “I”) and returned KRW 600 million out of the construction price that D paid to I, and the Defendant A personally kept.

Among them, using KRW 480 million as a fund to purchase D’s own shares is to be arbitrarily disposed of for private purposes. Thus, the crime of embezzlement is established immediately. (2) Even if Defendant A’s consent to the embezzlement as above, even if Defendant A’s remaining directors were to have given consent, Defendant A cannot be exempted from liability for the crime of embezzlement. (3) Even if Defendant A accounts as a provisional payment and returned both principal and interest to D, the intention of unlawful acquisition can be recognized, and even if the result of the purchase of the above shares is for some purposes, it is merely incidental.