The defendant's appeal is dismissed.

The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) is that the defendant performed the duties listed in the facts constituting the crime as stated in the judgment of the court below, but the approval of the loan is not possible without the approval of the head of the branch, and thus, the defendant is merely an act of simple handler. In the case of the crime No. 1 in the judgment of the court below, the defendant obtained special approval in accordance with the work manual, and in the case of the crime No. 2 in the case of the crime, the defendant operated the loan procedure differently by the Korean bank itself, so the defendant did not perform

Judgment

In the crime of breach of trust, the awareness that the principal causes or is likely to cause property damage to the principal as a result of the act of breach of trust, and there is a perception that the principal or a third party gains property benefits, the purpose of the crime of breach of trust is sufficient, and there is no need to obtain the intent to cause property damage to the principal, or to have the principal or a third party obtain property benefits. Such recognition is sufficient due to dolusence (see, e.g., Supreme Court Decision 2004Do810, Jul. 9, 2004). The Defendant was aware that there is a concern that it may be impossible to recover if the loan is made to the wife for whom approval of the loan was refused in its own computer system due to his absence of occupation, and that there is concern that the collection of loan could not be possible due to the shortage of security if the loan was made for the housing construction project, which is not verified.

Since it is reasonable to see that the defendant's intent of breach of trust is sufficient.

Action in breach of duty for breach of trust

“A fiduciary relationship with the principal is set aside by failing to perform any act that ought to be naturally in accordance with the statutory provisions, the terms of the contract, or the good faith principle, or by performing any act that ought not naturally be done, in light of specific circumstances, such as the content and nature of the business to be handled.