배임수재
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal: misunderstanding of facts and misapprehension of legal principles, Defendant A and B received KRW 30 million from Defendant C with an illegal solicitation to request Defendant C to transfer the representative position of the J Management Group. As such, the lower court found the Defendants not guilty, even if the Defendants recognized the crime of receiving property in breach of trust or the crime of giving property in breach of trust. In so doing, the lower court erred by misapprehending the legal principles on illegal solicitation, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is as follows: Defendant A and Defendant B’s co-principal of the J Management Group and Defendant B are the managing directors of the J Management Group; thus, when selecting executives and the managing officers of the said J group, they should be recommended from among the sectional owners of the J’s commercial buildings and officetels according to the Act on Ownership and Management of Condominium Buildings and the rules of the J Management, and there was a duty to elect the managing officers and the managing officers of the J according to fair procedures.
On July 5, 2014, the Defendants received an illegal solicitation from C, who is not the owner of the said J, to the effect that “The Defendant shall have to pay KRW 100 million to Defendant B, KRW 60 million to Defendant A, and KRW 30 million to the representative of the J Management Group,” and Defendant B received delivery of KRW 30 million from L around August 5, 2014, and then delivered KRW 20 million among them to Defendant A.
Since then, Defendant B made a statement to the effect that Defendant B shall be elected as an executive officer and a representative of the J management body for the normalization and commercialization of the JA at the meeting of the JA on August 30, 2014, and Defendant B shall exercise the influence on the general assembly resolution upon the recommendation of C who is not the sectional owner of the said J to become an executive officer of the management body, Defendant A shall agree to the election of executive officers of C, Defendant A shall agree to the election of executive officers of the management body held at the meeting of executive officers, and Defendant C shall be elected as the representative of the JA management body.