In a case where the total amount of the fisheries cooperatives by region received money in connection with the election of the president of the association, whether the crime of taking property in breach of trust is committed (negative)

Since the general meeting of fisheries cooperatives by region is only a member of the general meeting, which is a resolution body of a cooperative, but is not an officer or other business execution agency, and independently conducts affairs such as participating in the election of executive officers and exercising voting rights at the general meeting without being instructed or interfered with by the elected local members, the exercise of voting rights or voting rights at the general meeting is a member of the election district or the cooperative. Therefore, the exercise of voting rights or voting rights at the general meeting is a member of the election district. Therefore, even if the total price was received with the request from the candidate who participated in the election of the

Article 357 of the Criminal Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant-appellant-appellee)

Defendant

Defendant

Attorney Kim Jong-he

Busan District Court Decision 89No316 delivered on April 14, 1989

The judgment below is reversed, and the case is remanded to Busan District Court Panel Division.

We examine the grounds of appeal.

The lower court determined that the Defendant’s act constitutes the crime of taking property in breach of trust upon receiving a request from the Nonindicted Party on the date and time of holding that the Defendant, who was delegated the right to vote of the general members with respect to the election of the head of the Ulsan Fisheries Cooperatives’s president, was a person who was in charge of taking part in the election, and upon receiving a request from the Nonindicted Party, who was going through the above election, to the effect that he supported him, and that the Defendant acquired each

However, the general meeting of fisheries cooperatives by region is only a member of the general meeting, which is a resolution body of a cooperative, but is not an officer or other business execution agency, and independently performs its duties, such as participating in the election of executive officers at the general meeting without the direction or interference of the elected local cooperative, and exercising voting rights at the general meeting. Therefore, the exercise of voting rights or suffrages at the general meeting is one of its own

Therefore, the exercise of voting rights at a general meeting of shareholders for the election of the president of an association shall be deemed to be a handling of one's business, and it shall not be deemed to handle another's business.

The court below erred in the misapprehension of legal principles as to the total representative status under the Fisheries Cooperatives Act and the crime of taking property in breach of trust, which held that the exercise of voting rights by the defendant was punished as a crime of taking property in breach of trust on the premise that he is another person's business.

Therefore, the judgment below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice)