The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) that the defendant violated his duties and withdraws the lawsuit claiming management expenses (hereinafter referred to as "the lawsuit in this case") as stated in the judgment of the court below, thereby causing property damage to the C Commercial Building Operation Committee or causing the risk of damage. Thus, the defendant is guilty of occupational

Judgment

The prosecutor also asserted the same purport as the above argument in the court below.

The crime of occupational breach of trust is established when a person who administers another's business violates his/her duty and obtains, or has a third party obtain, economic benefits from such act of breach of duty, thereby causing property damage to the principal. Here, property damage includes not only real damage but also cases where the risk of actual property damage is caused, and the judgment of whether property damage exists should be grasped from an economic point of view without legal judgment.

However, the risk of actual damage to property, which can be assessed as having caused property damage, means a case where there is a vague risk of damage to the principal, and there is a specific risk to the same extent as the damage to the principal from an economic point of view.

Therefore, the risk of actual damage to property should reach the level of concrete and practical risk, and it is insufficient to the extent that there is a vague possibility.

(see, e.g., Supreme Court Decision 2015Do6745, Sept. 10, 2015). The lower court determined that D had no circumstance to deem that it was not a “inbound braille” or “user” but a person obligated to pay management expenses for underground bathings under the C Commercial Building Management Rules, as indicated in the lower judgment, and D had no reason to deem that it was a person obligated to pay management expenses directly to C Commercial Building Operation Association on behalf of a tenant or a user, and that the Defendant filed the instant lawsuit.