The judgment below

Among them, the part of the property in breach of trust against Defendant A, B, and C and the part of the property in breach of trust against Defendant D and E, respectively.

The grounds of appeal are examined.

1. As to the ground of appeal on the receipt of property in breach of trust and the receipt of property in breach of trust

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 connection with his/her duties.

As the subject of the crime of taking property in breach of trust, “a person who administers another’s business” refers to a person who is acknowledged to have a fiduciary relationship to handle the business in light of the principle of trust and good faith with another person, and does not necessarily have the authority to conduct the business in an external relationship with a third party, and it does not necessarily require that the business should be comprehensively entrusted, and the ground for the conduct of business, i.e., the ground for the occurrence of a fiduciary relationship, may also arise

(2) In the context of the crime of taking property or property in breach of trust (see, e.g., Supreme Court Decision 2010Do11784, Feb. 24, 201). In the crime of taking property in breach of trust, “the duties” refers to the duties entrusted by a person who administers another’s business. However, “the duties” refers to the duties entrusted by the person who administers another’s business, but it includes not only the original duties arising from the entrustment relationship, but also the duties within the scope closely related thereto, and also includes a person who directly or indirectly takes charge of the affairs pertaining to the management thereof as his/her subsidiary body without the person who administers the duties with its own authority (see, e.g., Supreme Court Decision 2005Do6433, Mar. 24, 2006). Meanwhile, the crime of taking property in breach of trust is established when acquiring property or property benefits in exchange for an illegal solicitation as to the duties. However, it does not constitute an unlawful solicitation between the person

Here, "illegal solicitation" is necessary to the extent that it is the content of occupational breach of trust.