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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case is the internal director (the vice president) of the Victim E Co., Ltd. (hereinafter “E”) established mainly for the purpose of publishing and distributing buildings in Mapo-gu Seoul and teaching materials from around April 14, 2008 to February 2, 2015, and the Defendant took overall charge of the business of publishing teaching materials or ordering teaching materials and executing funds together with the E representative director F.
G from July 2008 to July 2008, as the representative director of Gangnam-gu Seoul building and I Co., Ltd. (hereinafter “I”) established for the main purpose of publishing and selling books in 601, G has overall control over the above I’s work, such as publication of teaching materials.
The Defendant, while serving as a director of E in-house, established the J Co., Ltd. (hereinafter “J”) which is the main purpose of publication business, etc., including first and second class, after around April 12, 2013, as well as G, etc., and practically operated the J from that time.
The Defendant, even though I and J (hereinafter collectively referred to as “J, etc.”) did not have the ability to manufacture the teaching materials at school, ordered its employees, etc. at the E office from January 2013 to July 2013 to order the J, etc. to produce the teaching materials, etc., supply the teaching materials as they are without any objection despite any defect in the teaching materials supplied by the J, etc., and then, ordered E to transfer the amount of KRW 6,750,000 to I as the price for the teaching materials at school around January 16, 2013, including, from October 15, 2014, the Defendant transferred the amount of KRW 151,135,855 as the price for the teaching materials at school, etc. at 21 times in total, from the time to October 15, 2014.
As a result, the Defendant violated his occupational duties as a director of the E company, thereby obtaining property benefits equivalent to the above KRW 151,135,855 from J, etc., and causing property damage equivalent to the same amount to E.
2. On the other hand, breach of trust on the other hand shall be committed by a person who administers another's business in violation of one's duty, and shall acquire pecuniary advantage or have a third party acquire it by doing so.