The judgment below

The part of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is reversed.

1. The summary of the grounds for appeal (fact-finding scenario) was paid by the Defendant only by the resolution of the board of directors without going through the resolution of the general meeting of the association under the articles of association, and the housing association in this case is merely 38 members, and it cannot be deemed that there are no circumstances to deem it impossible or especially difficult to hold the general meeting. Thus, the board of directors, without the resolution of the general meeting, shall be deemed as contrary to the intention of other association members, barring any special circumstances. In light of the above, it is sufficient to deem that the Defendant has an intention to commit a breach of trust, and thus, all of the facts charged in this case should be found guilty. However, the judgment of the court below which acquitted the Defendant on the ground that the Defendant did not have an intention to commit a crime of breach of trust.

2. Determination:

A. The summary of the facts charged in the instant case is the head of the victim D Housing Association (hereinafter “instant Housing Association”) from May 2, 2004 to April 28, 201, who was engaged in the overall operation of the association and the operation of the association expenses. The Defendant breached his duty to execute the association expenses in a transparent manner through a resolution of the board of directors and the general meeting of the association in accordance with the articles of incorporation, even though he had a duty to execute it transparently. From July 2, 2008 to December 16 of the same year, the Defendant breached his duty to obtain the resolution of the board of directors from July 2, 12008 to December 16 of the same year, and without going through the resolution of the general meeting, 70,000 won to the director E, 5,500,000 won to the director G, 2,000 won to the director and 11 other directors of the instant Housing Association, thereby having the Defendant obtain the above financial profits from the Plaintiff.