All appeals are dismissed.

The grounds of appeal are examined.

1. As to Defendant B and C’s grounds of appeal

(a) The crime of occupational breach of trust is established when a person administering another’s business obtains pecuniary advantage or causes a third party to obtain such benefit, thereby causing loss to the principal.

Here, “an act in violation of one’s duty” includes any act in violation of a fiduciary relationship with the principal by failing to perform an act that is naturally expected under the provisions of a law, the terms of a contract, or the good faith principle, or by doing an act that is anticipated not to perform as a matter of course in light of specific circumstances, such as the content and nature

In addition, "when property damage is incurred" includes not only a case of causing a real loss but also a case of causing a risk of causing a property loss, and the judgment on the existence of a property damage shall be determined based on an economic perspective in consideration of the entire property condition of the principal.

(see, e.g., Supreme Court Decision 2001Do4857, May 14, 2004). In order to establish a crime of occupational breach of trust, the perception of occupational breach of trust as a subjective element and the perception that the person himself/herself or a third party gains profit and causes loss to the principal, i.e., the intent to commit occupational breach of trust, and such recognition is sufficient with dolusence.

The result of the act is for some individuals.

Even if it is proved that the intention for the benefit of the principal is only an incidental, and that the intention for the benefit or damage is the principal, the intention of the crime of breach of trust cannot be denied.

(2) The lower court held that Defendant B, the representative director of AG (hereinafter referred to as “AG”) and Defendant B, a corporation, has a right to vote in the AG shares owned by AJ (hereinafter referred to as “AJ”), thereby nullifyinging the voting rights of the AG shares in order to maintain their management rights.