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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
except that the ruling shall be made for one year from the date of the final judgment.
Reasons
1. The lower court determined that the Defendant did not constitute a person who administers the business affairs of the Victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) and did not have an intent to commit a breach of trust.
However, according to the legitimate evidence shown in the instant case, it is sufficient to recognize the fact that the Defendant was a person in charge of the business affairs of the victim company and had the intent of breach
2. Determination
A. The summary of the facts charged is as follows.
B. The lower court determined as follows: (a) there is no evidence suggesting that there was an agreement between the Defendant and the Victim on how to dispose of the future insurance proceeds when the insurance proceeds were paid in the future at the time of the contract for the Nonghyup Life Insurance; (b) the Defendant did not cancel the said insurance contract or claim the return of the already paid insurance premiums even after April 30, 2007; and (c) the Defendant did not claim any right regarding the said Nonghyup Life Insurance until the establishment of a pledge on the said Nonghyup Life Insurance Co., Ltd. on May 18, 2010, at around three years after retirement; and (d) it is difficult to recognize that the Defendant was a person in charge of the business affairs of the Victim Co., Ltd.; and (e) there was no intention in breach of trust against the Defendant.
C. The following circumstances found by the evidence duly adopted and examined by the court below, namely, ① the victim company was insured by the NAF insurance at the request of its employees in the course of obtaining a loan from the NAF in connection with the construction of apartment buildings, and ② the deduction fee of KRW 30 million is paid out of the funds of the victim company. ③ However, the victim company is not insured in the name of the corporation.