[Defendant A] The part of the judgment of the court below on acceptance of breach of trust is reversed.

A defendant shall be punished by imprisonment for two years.

except that this shall not apply.

1. Scope of judgment of party members;

A. The prosecutor prosecuted Defendant A, B, and C as the Suwon District Court Decision 2010No281, each of whom was in violation of the Business Affairs and Report of Real Estate Transactions Act by a licensed real estate agent, and Defendant D, and E were in violation of the Business Affairs and Report of Real Estate Transactions Act. On November 12, 2010, the above court rendered a judgment not guilty of each of the above crimes committed by the Defendants. The prosecutor appealed the above judgment as Seoul High Court Decision 2010No3386, but the Seoul High Court rendered a judgment that “the prosecutor’s appeal is dismissed” on August 11, 201, and the Prosecutor appealed as the Supreme Court Decision 201Do1174 on November 14, 2013, the Supreme Court reversed the part concerning the property in violation of trust against Defendant A, B, and C, and the part concerning the property in breach of trust against Defendant D and E, and remanded the remainder to the Seoul High Court.”

B. Therefore, since the violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act against the Defendants was finally acquitted, the party members are to judge only the part of the crime of taking property in breach of trust against the Defendants A, B, and C and the part of the crime of taking property in breach of trust against the Defendants D and E.

2. According to the evidence submitted by the prosecutor, the court below acquitted all of the charges on this part of the facts charged, despite the fact that each of the defendant A, B, and C was in breach of trust and the fact that each of the defendant D and E was in breach of trust.

3. Determination

A. The crime of taking property in breach of trust under Article 357(1) of the Criminal Act is established when a person who administers another’s business obtains property or pecuniary benefits in exchange for an illegal solicitation in relation to his/her duties.

As the subject of the crime of taking property in breach of trust, "a person who administers another's business" is in a domestic relationship with another person.