A. The meaning of "a person who administers another's business" in the crime of giving rise to breach of trust

B. Whether the crime of giving and receiving money in relation to the recommendation of a candidate for the president of a cooperative in the Korean Federation under the former Livestock Industry Cooperatives Act is established (negative)

A. In the crime of giving rise to breach of trust under Article 357(1) and (2) of the Criminal Act, the term "person who administers another's business" means the case where the entrusted business is managed for the benefit of the other person. Thus, if such business is not a person's business, but a person who administers another's business, even if it is done for another person's own business, it cannot be deemed that the

B. In the interpretation of the former Livestock Industry Cooperatives Act (amended by Act No. 4082 of Dec. 31, 1988), since the general meeting is merely a member of the general meeting that determines the intention of the association in lieu of the general meeting, and the general meeting is required to perform its independent duties by participating in the election of executive officers at the general meeting and exercising voting rights, it cannot be deemed that the affairs of the elected district members or the affairs of the entire association or the whole association members, and therefore, even if the total price of the unit livestock industry cooperatives received money in relation to the recommendation of candidates for the president of the association at the general meeting,

(b)Article 357(1) and (2) of the Criminal Code;

Supreme Court Decision 89Do563 delivered on October 13, 1989 (Gong1989, 1718) 89Do970 delivered on February 27, 1990 (Gong190, 833)

Defendant

Prosecutor

Daejeon District Court Decision 89No807 delivered on May 4, 1990

The appeal is dismissed.

We examine the grounds of appeal.

In the crime of giving and receiving property in breach of trust under Article 357 (1) and (2) of the Criminal Code, "a person who administers another's business" means a person who administers another's business for the benefit of the other person. Thus, if such business is not a person's business but a person who administers another's business for another person, it cannot be regarded as a person who administers another's business.

According to the former Livestock Industry Cooperatives Act (amended by Act No. 4082 of Dec. 31, 1988), a highest deliberative body of a unit livestock industry cooperative is a general meeting composed of all the members who decide to amend the articles of association, establish a business plan and a branch budget, elect or dismiss officers, etc., and more than 100 members may have a general meeting in lieu of a general meeting as prescribed by the articles of association. The general meeting is composed of not less than 10 but not more than 100 members, and the general meeting is composed of not less than 10 but not more than 100 members, and there is no provision regarding the general meeting as to the status or authority of the general meeting, unless the general meeting shall be a member, such as the general meeting, with voting rights and suffrages at the general meeting as the members of the general meeting, and even if elected by members of each district, it shall not be deemed that the general meeting is a member of the general meeting with independent voting rights or other affairs of the general meeting, and it shall not be deemed that the general meeting is a member of the general meeting.

Therefore, the total price of the unit livestock industry cooperatives shall not be charged with giving and receiving money in relation to the recommendation of candidates for the president of the association in the total conference, apart from being subjected to other disadvantages. In this regard, the court below's decision on the same purport is justified and the appeal is without merit.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Yong-dong (Presiding Justice)