Whether a person who conducts business affairs related to installment savings loans of a fisheries cooperative is a business administrator of another person.

The subject of breach of trust shall be a person who administers another person's business. The business of installment savings lending handled by the head of the Fisheries Cooperatives business division and the head of the savings division is a financial business conducted as a kind of credit business under Article 65 of the Fisheries Cooperatives Act and has the nature of a loan for consumption. Accordingly, the bonds and debt relationship between the above union and the lender are merely generated, and therefore, the above installment savings lending business belongs to another person's business. Thus, the above business division cannot be deemed the subject of breach of trust.

Article 356 of the Criminal Act

Supreme Court Decision 75Do1900 Delivered on February 10, 1976

Defendant

Prosecutor

Gwangju District Court Decision 85No972 delivered on February 6, 1987

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

The subject of the crime of breach of trust is the person who administers another's business, and the defendant and the non-indicted 1, the director of the savings division handle the installment savings loan business of this case. It is a financial business in the form of credit business under Article 65 of the Fisheries Cooperatives Act. It has the nature of a loan for consumption and it is merely a credit and a debt relationship between the above union and the lender. Therefore, it cannot be viewed that the above installment savings loan business belongs to the other's business. Thus, the defendant cannot be the subject of the crime of breach of trust (see Supreme Court Decision 75Do1900 delivered on February 10, 1976). Thus, the decision of the court below is justifiable to the effect that the defendant did not pay a loan to the above Kim-do, as stated in the facts charged, and there is no error of law in the misapprehension of legal principles or incomplete deliberation.

Therefore, the appeal by the prosecutor is dismissed. It is so decided as per Disposition with the assent of all participating judges.

Justices Kim Jong-sik (Presiding Justice)