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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant recruited the number of accounts consisting of 10 10,000 won for the fraternitys set by the sequence of each month around May 25, 2015, and there was a duty to pay the fraternitys to the fraternitys according to the set order after receiving the fraternitys from the fraternitys.
The Defendant, around February 27, 2016, was able to pay the fraternity from Asan City to the members of the fraternity, and thus, the Defendant paid the fraternity to the victim B, which is 10 times in accordance with the prescribed order of order, but did not pay the said money to the victim B, and used the said money for personal purposes without paying to the victim.
As a result, the defendant violated his duty, thereby causing property damage to the victim and acquiring the same amount of property profit.
2. The relevant legal principle of breach of trust is established when a person who administers another’s business obtains pecuniary advantage or let a third party obtain such benefit by acting in violation of his/her duties, thereby causing damage to another person who is the subject of the business. Therefore, the subject of the crime must be in the position of dealing
Here, in order to be “a person who administers another’s business,” a person who acts as an agent for another person with all or part of the affairs pertaining to the management of another’s property should have to protect or manage another’s property based on a fiduciary relationship, which goes beyond an interest-based relationship under an ordinary contract.
In a commercial contractual relationship in a separation relationship, the other party obtains the benefit of satisfaction of the rights under the contract or realization of the claim through the faithful performance of the debtor's duty in good faith.
The sole fact that there is an incidental obligation to protect or take account of the other party in performing the contract cannot be deemed as a person who administers another person's business.