Defendant 1 shall be punished by imprisonment for one year, by two, three, and four months, respectively.

The number of days of detention before the pronouncement of the judgment below shall be 58 days per defendant 1, 54 days per defendant 3, and 52 days per defendant 2 and 4, respectively.

However, the execution of the above punishment shall be suspended for two years for Defendant 1, and for one year for Defendant 2, 3, and 4 from the date this judgment became final and conclusive.

A penalty of KRW 100,995,000 shall be collected from Defendant 1.

The shareholders and members of the Korea golf club and the Korea golf club are in the status of participating in the operation of the above company as new Gyeonggi Tourism Co., Ltd. and shareholders holding the shares of the Korea golf club operation company. Defendant 1, etc., at least in relation to the shareholders and members, are in the status of acting for or cooperating in the management of the company's property, and thus, are in the status of acting for or cooperating in the preservation of the company's property. On the other hand, Defendant 1, etc., who received money and valuables from Defendant 2, 3, and 4, the members of the above golf club for the use of the golf club in return for the use of the golf club in preference to the non-members, constitute the receipt of money and valuables in return for the illegal solicitation contrary to the social rules and the principle of good faith, and thus, the crime of giving and taking property in return for the provision of the golf club from Defendant 2, 3, and 4 constitutes a crime of giving and taking property in return for the illegal solicitation against the principles of trust and good faith.

2. Determination on the grounds for appeal

A. The issues of the instant case

The prosecutor asserts that Defendant 1, etc. were to handle the affairs of golf club members and receive money and valuables in return for illegal solicitation in relation to their duties. In addition, from the standpoint of the person who administers the affairs of the golf club operation company, the above acts also constitute the crime of breach of trust and property as well as the crime of violation of trust and property. Thus, the following is examined as to whether the act of selling the horse riding right constitutes the crime of violation of trust and property in relation to the relation between the golf club members and the company operating the golf club.

(b) Relationship for members of golf clubs;

In full view of each of the evidence of this case, the following facts are as follows: ① Korea consortium and Alley club are recruited as a general deposit member at the time of sale of membership; ② The above golf club’s membership acquired shares as a regular member accompanied by shareholders’ rights and obtained the company’s approval for membership by completing the prescribed membership procedure. The shareholders’ membership rights and duties such as the payment of membership fees, transfer of membership fees, and return of membership fees at 10 weeks in addition to the formal possession of shares, are the same as regular members; ③ the 279 shareholders from January 2008 865 members from among the 865 members, 510 regular members, 295 shareholders from among the 1,986 members from among the 1,986 members, 296 members from among the 3rd members from the 3rd members from the 3rd members from the 3rd members from the 3rd members from the 3rd members from the 1,64% general members from the 3rd members from the 3rd members from the 96th members.

In light of the above facts, the golf club cannot be deemed to be a golf club operated by Korea throughout the total number of its members solely on the ground that the members of the company own part of the stocks of the company that operates the golf club. The above golf club is operated by the company that operates the golf club, and the members including the members of the company pay deposits to the company that operates the golf club, preferentially use the golf club facilities and receive deposits in the case of the company that operates the golf club. Since the legal relationship on the operation of the golf club operated with the deposit membership is merely a contractual right and duty relationship between the members and the company that operates the golf club, the legal relationship on the operation of the golf club operated with the deposit membership is merely a contractual right and duty relationship between the members and the company that operates the golf club, Defendant 1, etc. cannot be deemed to be in the position of acting for the management of the company's property or cooperating in the preservation of the property.

Therefore, it cannot be deemed that the defendants' act of trading the weekend right has received or provided money in return for illegal solicitation in relation to the duties of golf club members as a person who manages the affairs of golf club members.

(b) Relationship to golf clubs operating companies;

(i) Whether the person is a person administering another's business

Comprehensively taking account of each of the evidence in this case: ① New Tourism Group 2 is a company that owns and operates a consortium located in Young-si, Gyeonggi-do, and Open Tourist Development. The said company is an affiliated company of the so-called Korea Golf Development Group 3 and its affiliated company of the so-called Group 1 and Nonindicted 1 and 4, which are affiliated companies of the said group, are holding most of the above company’s shares and exercising management rights; ② The Golf Development Group 2 is established as a general management support center for its affiliated companies, and the general management support center for its affiliated companies 0. The general management support center for its affiliated companies was established from 0.0 to 20.0 to 206. The general management support center for its affiliated companies was registered as the general management support center for its affiliated companies; and ③ The general management support center for its affiliated company for its affiliated companies was registered as the general management support center for its affiliated companies for its management and development. < Amended by Presidential Decree No. 20720, Mar. 23, 2008>

Whether money or valuables have been received or given in return for an unlawful solicitation

㈎ 원심의 판단

The court below held that: (a) the sales of the weekend tickets in this case was made by Nonindicted 1, 3, and 4, who had been actually operating the New Games Tourism and Development, to sell the weekend tickets to non-members in order to increase the profits of the above companies; and accordingly, (b) Defendant 1 and the rest of the Defendants sold them through Defendant 4; (c) upon Defendant 1’s request that the non-members sell the weekend tickets; or (d) Defendant 2 offered the above request to Nonindicted 1 for sale; or (c) it was difficult to view that there was an illegal solicitation contrary to the social rules and the principles of good faith in relation to the above companies for profit-making purposes against the principles of social norms and good faith; and (d) it is difficult to view that the above companies were not guilty of the sale proceeds of the above non-indicted 1’s private obligation to be used in preference to all non-member members; or (e) the sale proceeds of the above non-indicted 1’s private obligation to the above members.

㈏ 당심의 판단

The evidence of this case reveals that ① all of the above golf clubs and the above golf clubs are entitled to use golf clubs and annexed facilities in preference to all non-members on the opening date of all the golf clubs. Accordingly, the above golf clubs provide the members with an opportunity to make a promise by preference, and if the reservation is cancelled or remaining in quantity, they provide the non-members with an opportunity to make a promise by preference. ② According to the terms and conditions of the above golf clubs, if non-members make a promise, 10% of the total amount of admission fees equivalent to the number of persons scheduled to use the teams may be demanded to be paid in advance. However, there is no provision or policy that the above non-member may receive 10% of the total amount of money deposited from the non-indicted 1’s account opened in the name of the non-indicted 1’s account, and the remaining non-indicted 1’s account opened in the name of the non-indicted 1’s account opened in the name of the non-indicted 1’s account and the total amount of the non-indicted 2’s account opened funds offered to the non-indicted 1’s account opened.

The crime of taking property in breach of trust is a legal interest protected by the integrity of a person who administers another's business, and an illegal solicitation, which is a constituent element of the crime, is not up to the crime of occupational breach of trust, but against the social rules or the principle of good faith and good faith (see, e.g., Supreme Court Decisions 90Do2257, Jan. 15, 1991; 89Do495, Dec. 12, 1989). In determining whether a solicitation goes against the social rules and the principle of good faith, a comprehensive consideration of the contents of the solicitation and the amount of the property delivered or provided in relation thereto, form, and integrity of the manager of the business, which is the legal interest protected, should be made (see, e.g., Supreme Court Decision 9Do2165, Apr. 9, 2002).

In this case, ① A golf club is merely one of the most important business affairs for its affiliate companies, ② A golf club with agreement to provide its members with an opportunity to pre-contract and to assign its members of a pre-contract to non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 2's non-indicted 1's sales proceeds to non-indicted 1's non-indicted 1's company's company's funds and sales proceeds to non-indicted 1's company's company's funds and sales proceeds to non-indicted 1's company's company's funds and sales proceeds to non-indicted 4's company's company's funds and sales proceeds to non-indicted 1's company's company's funds and sales proceeds to non-indicted 1's company's non-indicted 1's company's funds and sales proceeds to non-indicted 1's company's funds and sales proceeds to non-indicted 1's company's funds and sales proceeds to non-indicted 1's funds.

3. Conclusion

Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

1. Defendant 1: (a) in collusion with Nonindicted 1 and Nonindicted 2, the head of the general affairs team for management support, who was in charge of the reservation affairs of Korea’s golf f&A and Alley club, and the head of the general affairs team for management support, who is the department in charge of the reservation affairs, jointly with Defendant 1, jointly with Korea’s golf f&A and Alley club; (b) Korea’s consortium and Alley club, as a membership golf club, should be allowed to use the golf club prior to all non-members on all opening days in accordance with the rules and the terms and conditions of use; and (c) in the event that the members cancel their reservation, they should first assign the revoked portion of the reservation to the non-members and then assign it to the non-members on the first-come-first-served basis; (d) however, he decided to provide them with and distribute the price by acquiring it.

On October 205, from the end of Gangnam-gu, Seoul High pressure Zone, to the effect that the payment of the price is to be made on the high seas, Defendant 3 received an illegal solicitation from Defendant 3 to the same purport, upon receiving his consent from Nonindicted 1 at the time of such request. Nonindicted 1 and 2 from the time of receipt to October 12, 2007 and provided Defendant 3 and 4 with the right to the weekend of the Korean consortium and the Alley Contts with it. In return, the payment was received from Defendant 3 on November 14, 2005 through the total amount of KRW 8460,000 won from Defendant 3 to the account (Account number 1 omitted), the sum of the money transferred from Defendant 1 to 1508, the sum of the money transferred from Defendant 3 to 1500,000 won from 106, the sum of the money transferred from Defendant 3 to 1500,501,701,516.

2. Defendant 3 provides Defendant 1 with a total of KRW 529,710,00 in return for the provision of weekends as above 1.

3. Defendant 4 provides Defendant 1 with a total of KRW 289,025,00 in return for the provision of weekends as above 1.

4. On October 13, 2003, Defendant 2 made an illegal solicitation to the effect that the Defendant would pay for 70% of the sales amount on the high seas" from the Gangnam-gu Seoul Special Metropolitan City (detailed address omitted), and from the office of Esk golf, Defendant 2 made an illegal solicitation to the effect that he would pay for 70% of the sales amount on the high seas, Defendant 2 received from Nonindicted 1 from Jan. 1, 2004 to Oct. 12, 2007 the right to the weekend of the consortium and Eskh clubs from Non-Indicted 5’s new bank account (Account No. 2 omitted) in the name of Non-Indicted 5 on January 13, 2004, Defendant 2 transferred KRW 600,000 to Oct. 15, 2007 (No. 300,000 won as Defendant 2).

1. Each police suspect interrogation protocol against Nonindicted 2

1. Details of transactions in each passbook;

1. Each investigation report (verification of user-related regulations, person in charge of reservation-related affairs, addition of criminal amounts);

(a) Defendant 1: Articles 357(1) and 30 (Selection of Imprisonment) of the Criminal Act;

B. Defendant 2, 3, and 4: Article 357(2) and (1) of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant 1: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Code

1. Suspension of execution;

Article 62 (1) of the Criminal Code

1. Additional collection:

Defendant 1: Article 357(3) and (1) of the Criminal Act

[Attachment 1, 2, and 3]

Judges Yoon Jae-ap (Presiding Judge) (Presiding Judge)