The defendant shall be innocent.

1. On March 3, 2009, the Defendant was appointed as an acting representative of D representative E, a corporation established for the principal purpose of real estate rental sales business, etc., with the head office registered in Yong-si, Namyang-si, by the ruling of the District Court of Jung-gu on March 3, 2009, and was dismissed from office on December 15, 201.

On February 11, 2010, the Defendant transferred to G Co., Ltd. and H without permission of the court the claim amounting to KRW 190,000,000,000,000,000,000,000,000,000,000 won, in violation of his duties, to G Co., Ltd. and to H, except where permission of the court was obtained.

As a result, the Defendant violated his occupational duties, thereby obtaining a total amount of KRW 190 million from G Co., Ltd and H, and the Defendant suffered a property loss equivalent to the amount of KRW 190 million from D Co., Ltd.

2. Determination

A. The crime of breach of trust requires the risk of actual loss or actual loss of property due to an act in violation of duties. Thus, if the risk of such loss is not caused, the crime of breach of trust is not established. If the act of bearing an obligation under the name of the representative or employee of a juristic person violates the relevant Acts and subordinate statutes and thus no legal effect exists, it cannot be said that any loss occurs to the juristic person. Thus, barring special circumstances such as the act of the representative or employee's act does not constitute the crime of breach of trust unless the juristic person bears an employer'

(See Supreme Court Decision 2000Do4787 Decided January 19, 2001; Supreme Court Decision 2010Do6490 Decided September 30, 201; Supreme Court Decision 2011Do810 Decided September 29, 201, etc.) B.

Modern, the prosecutor submitted.