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All appeals are dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to Defendant A’s ground of appeal
A. The crime of breach of trust is established when a person administering another’s business obtains pecuniary advantage or let a third party obtain it by an act in violation of his duty, thereby causing loss to the principal.
Here, "a person who administers another's business" refers to a person who acts for another's property or cooperates in the preservation of another's property based on a fiduciary relationship between the two parties.
In addition, the term "act in violation of the duty" includes any act in violation of the fiduciary relationship with the principal by failing to perform an act that is naturally expected under the provisions of the law, the content of the contract, or the principle of good faith, or by performing an act that is anticipated not to perform as a matter of course in light of the specific circumstances, such as the content
(See Supreme Court Decision 94Do902 delivered on September 9, 1994, etc.). B.
① As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) with respect to the sale of four facilities in the Z company, the lower court found that the Defendant sold the four facilities in the Z company to obtain pecuniary benefits equivalent to KRW 53 million in the amount of KRW 53 million and incurred property damage in the damaged company by having the victim deposit the Z company with the Z company with the Z company (hereinafter referred to as the “victim”) and the amount of KRW 53 million in the account in the amount of KRW 53 million in the amount of KRW 53 million, the lower court held that the Defendant sold the Z company and the V company with respect to the violation of the AG Special Economic Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) with respect to the sale of facilities in the Z company.