A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who works as F in the part-time horse competition position under the jurisdiction of the Korean Mar-Ma Society of Victims D and has been engaged in the affairs related to funds, such as issuance of purchase tickets, refund rates, horse competition, sales deposit and withdrawal, and deposit and withdrawal from accounts among the affairs related to the sale of marina tickets.

When the defendant issues a purchase ticket that can be utilized as cash in the race track, he has a duty to receive cash equivalent to the purchase ticket amount issued by the horse race track customers.

Nevertheless, the Defendant did not receive KRW 300 million in cash from G when receiving a request from G to issue a purchase right equivalent to KRW 300,000 from G on credit, and issued KRW 300,000 of the purchase right of KRW 300,000 in KRW 300,00.

As a result, the defendant violated his duties, thereby obtaining property benefits equivalent to KRW 300 million from G, and the victim suffered property damage equivalent to the same amount.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with H;

1. Statement of witness by the police officer related to G;

1. A written statement of I, J and K;

1. The criminal defendant denies the criminal intent of occupational breach of trust.

In order to establish a crime of occupational breach of trust, there should be subjective requirements such as awareness of violation of the duty and recognition that he or a third party gains profit and causes damage to himself, i.e., intent of breach of trust.

Even if the Defendant had an intent to sell the victim’s sales

Even if not taking reasonable and reasonable measures, as long as a large-amount purchase right that can be utilized as cash has been issued to G with poor debt repayment ability on credit, there was no perception that the third party has obtained property benefits and caused damage to the victim by an act of violation of the business.

shall be deemed to be.