In the case that the feed was unfairly released due to false report by the employee of the Eup in charge of the investigation on the actual conditions of the two-way farmer for the purpose of allocating feed for control purposes managed by the Government, the nature of breach of trust

If an Eup employee who is in charge of investigating and reporting the amount of money within his/her jurisdiction files a false report in order to ensure the appropriate distribution of feed for controlling the government, thereby unfairly allocating the adjusted feed, the crime of breach of trust is established since it causes property loss, such as unfair reduction in feed for controlling the country.

Article 355(2) of the Criminal Act

Supreme Court Decision 73Do1881 Delivered on November 25, 1975

Defendant

Prosecutor

Gwangju High Court Decision 77No428 delivered on March 9, 1978

Of the original judgment, the part not guilty in breach of trust against the defendant shall be reversed, and the case shall be remanded to the Gwangju High Court.

Judgment on the Prosecutor’s Grounds of Appeal

The Defendant is an employee of Bosung-gun Industrial Complex who is in charge of the fact-finding survey, etc., while working in the area of Bosung-gun, and was engaged in the investigation and reporting of the fact-finding survey conducted under the order of his company to report the fact-finding survey to Bosung-Eup for the allocation of feed, and was in violation of his duty to accurately investigate and report the fact-finding survey, and Non-Indicted 3 was raising 15 heads of pigs in the Defendant office located in Bosung-gun Bosungsung-gun, Bosung-gun, and was raising 14 heads of pigs and 30 heads of pigs were raising 14 heads of pigs, while he did not ask the Defendant to report the fact-finding survey conducted on the fact-finding survey conducted by his 7th quarter of 1977, and the Defendant again reported the fact-finding survey conducted the fact-finding survey conducted by his 7th of 7th of 77 years and 7th of 77 years and 197. The lower court deemed the Defendant to have been entrusted with the duty of 3rd-gun-gun-gun's.

However, according to the Control of Livestock and Fish Feed Act, the Enforcement Rule of the same Act (162.5-194), and the Enforcement Rule of the same Act (197.2 and 4) of the same Act, the Governor's guidelines for handling feed, the Government, in addition to the method of sale and the sale price of the designated feed, manages various matters concerning the control of the supply and demand of the feed in addition to the designation of the sale method and the sale price, and establish a fair order for handling the feed to ensure the smooth supply and demand of the feed. Meanwhile, according to the records, the above feed was regulated as the military feed, which is the government-managed grain management by item 4 of Article 6 of the Control of Livestock and Fish Feed Act, for the allocation of the feed, and the head of the Gun, upon receiving a report on the actual condition of the actual condition, notifies the head of the Eup/Myeon/Dong to determine the scale and allocation standards for the allocation of the feed and notified the handling association that the amount of the feed was distributed to the above 7th head of the Gun to regulate the above amount of the feed.

Therefore, the original judgment has influenced the judgment by misunderstanding the legal principles of the crime of breach of trust. Therefore, the argument of the appeal is reasonable, and the original judgment on this point is not reversed.

Therefore, the part of the judgment of the court below which acquitted the defendant in breach of trust is reversed, and the case is remanded to the Gwangju High Court. It is so decided as per Disposition by the assent of all participating Justices.

Justices Han-jin (Presiding Justice)