207 Highest 1471 A. Occupational breach of trust

(b) Occupational embezzlement;

1. Fixed 00

Seoul Jung-gu 00 00 apartment 00 Dong 00

Permanent domicile Daegu 00 Eup 00 Ri 00

2. Fixed00

Daegu-gu 00 apartment 00,000 Dong 00

Permanent domicile Daegu 00 Eup 00 Ri 00

3. Fixed 00

Daegu-gu 00 apartment 00,000 Dong 00

Permanent domicile Daegu 00 Eup 00 Ri 00

4. Fixed 00

Daegu Suwon-gu 00 Dong 00

Permanent domicile Daegu 00 Eup 00 Ri 000

Man-Woo

Attorney Kim Jong-soo, Lee Yong-soo, and Ha-hwan (for all the defendants)

June 26, 2007

Defendant fixed0 shall be punished by imprisonment for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The sentence shall be suspended against Defendant 1, 100, 100. 100, respectively.

Of the facts charged in the instant case, the Defendants were not guilty on October 23, 2004, 100, 100, 100, 100, 100, and 100 respectively, and on November 1, 2004, the Defendants paid 30,000 won to 00,000, respectively, thereby causing damage to the victim.

Criminal facts

Defendant 1: (a) had been working for the above 0-year president; (b) Defendant 0 had been working for the above 0-year office No. 200-year office No. 4000-year office No. 2000-year office No. 8000-year office No. 200-year office No. 80-year office No. 4 of the above 0-year office No. 20-year office No. 80-year office No. 4 of the above 0-year office No. 7 of the above 0-year office No. 20-year office No. 4 of the above 0-year office No. 7 of the 20-year office No. 4 of the above 0-year office No. 7 of the 200-year office No. 4 of the above 70-year office No. 7 of the 200-year office No. 4 of the above 00-year office No.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of interrogation of the suspect about 00. Mad 00 and Mad 00 (including part of Mad 00 statements)

1. Part of the police protocol of statement concerning 00

1. Statement of accounts, minutes of a literature-based general meeting, and minutes of each literature-based board of directors;

Judgment on the Defendants’ legal action

As to each of the above facts constituting an offense, the Defendants have been subject to a resolution by the lawful board of directors, and thus, they are different to the purport that they cannot constitute a crime.

However, as seen later, if the contents of the resolution of the board of directors per se violate the duties of managing and preserving the property in question, it shall be deemed that the occupational embezzlement or the crime of breach of trust can be established. As to the crime of the crime of the above 1.1., the property in question and the property in question should be strictly divided, and even if provisional attachment measures are expected at the time for the defendant, etc., who was an executive officer, used the capital in the door for the purpose of making a false provisional registration under the name of another person, such as relatives and relatives, to avoid this, if they used the funds for the purpose of making a false provisional registration under the name of another person, such act is in violation of the duties of managing and preserving the property in question, and therefore, the liability for the crime of occupational

Next, the above resolution of the board of directors that held that a monetary reward of 50 million won shall be paid to Defendant 50 million won for the criminal facts of the above 2.2. The above resolution of the board of directors held that a monetary reward of 50 million won shall be granted to Defendant 1, who used the fact that he/she must consent in order to deposit a deposit in the form of a large amount of the proceeds of the sale of property under the circumstance where the provisional seizure in the 00th sentence of the 2.2. The provisional seizure in the middle of the dispute at the time is imminent. Thus, it cannot be deemed that the payment is justifiable. Thus, the above acts of the Defendants are judged to be

Therefore, we cannot accept all the defendants' arguments for lack of reasons.

Application of Statutes

1. Relevant Article 356 (1) and (2), and Article 30 of the Criminal Act concerning criminal facts;

2. Selection of punishment (the Defendants)

· Defendants 100, 100, 200: Selection of each fine

- Defendant 100: Imprisonment

3. Aggravation of concurrent crimes (defendants): the former part of Article 37, Articles 38(1)2 and 50-4 of the Criminal Act; detention in a workhouse (defendants' 00, 00, 00): Articles 70 and 69(2) of the Criminal Act.

5. Suspension of execution (Defendant fixed0): Article 62 (1) of the Criminal Act;

6. Suspension of sentence (Defendant fixed0, 00, 100): Article 59 (1) of the Criminal Act;

7. The suspended penalty (defendants 100, 100, 100) shall be imposed on the defendant 2,00, 100, and 100 shall be punished by a fine of 2,00,000 won.

In the event that the above defendants did not pay the above fine, each of the above defendants shall be confined in the workhouse for a period of 50,000 won converted into one day.

Non-Crime

1. Summary of the facts charged

The defendants' 00 doors consisting of male members who are 20 years of age or older, and the rest and management of the graves and doors of the ship, and the promotion of friendship among the literature members is for the purpose of the above literature. Among the 46th sentence held on October 4, 2004, the board of directors held on October 5, 1984, "30,000,000 won per capita from the literature to the transferred students ( adults aged 20 years or older) on October 5, 1985.

5. The previous students passed a resolution at a general meeting to pay “the above 46th sentence,” and paid 00 won to the following descendants of the defendant et al. under the age of 20 who are not the members of the literature, in collusion with the non-indicted 10, 100 to distribute the proceeds from the sale of the literature to the descendants of the above defendant et al. who are under the age of 20 for the purpose of preserving and managing the whole literature, and in violation of the above occupational duties on October 20, 204, "the above 46th sentence," and "the above 40th sentence, the board of directors shall be excluded," and the above 0th sentence shall be paid to the children et al. before October 5, 1985 without the general meeting resolution, and the above 00th sentence shall be paid to the above 00 won (the above 00th sentence of the defendant et al., al., 1000 won among the above 0th sentence and 100 billion won among the above 10th sentence.

2. Determination:

As to the above facts charged, the Defendants consistently asserted from the investigative agency to this court that the board of directors of the 47th sentence, which was lawfully held on October 2004, would pay for the life prior to October 5, 1985, and paid 30 million won each to 6 persons including YY as stated in the above facts charged, and thus, they cannot be the crime of occupational breach of trust.

In light of the evidence of this case, each of the evidence of this case requires a resolution of the board of directors when intending to dispose of fundamental property in the door, and the defendants, who are officers in the door at the time, hold a board of directors on October 20, 204 in the text of the 47th sentence of the 47th sentence of the 2004 and adopt a resolution as alleged above with the consent of all 13 members present. Accordingly, the defendants' occupational breach of trust against the defendants.

In order to ask for a criminal liability, it should be proved that the above board of directors itself is illegal or that the contents of the resolution violate the duty of management and preservation of property.

However, with respect to the above sentence that the board of directors itself was held unfairly, there is no evidence to acknowledge it. Next, the board of directors held on October 4, 2004 with respect to the contents of the above resolution, and the relation consisting of male members of 20 years of age or older, and the board of directors held on October 4, 2004 with a total of 30 million won per capita before October 5, 1984, the board of directors shall pay 30 million won per capita for 19 years of age, and it is difficult to determine whether to pay the above 19 years of age through a separate general meeting resolution on October 5, 1985, but it is difficult to hold the above 10 years of age or 100 years of age for 10 years of age for 20 years of age or 300 years of age for 19 years of age for adults, and the above 100 years of age for 100 years of age for 19 years of age for 40 years of age or more for the above resolution.

Thus, the above facts charged on the premise that the defendants violated the occupational duty to preserve and manage the property in the form of the above 47th Council resolution and caused any damage to the literature, and thus, there is no proof of the crime. Thus, the above facts charged shall be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act.

The reason for sentencing is that the sentence of fine 2,00,000,000 won should be postponed, considering the following: (a) the fact that the resolution of the board of directors was ratified again on April 21, 2007 from the date of the occurrence of the instant case at the door-to-door Assembly held on April 21, 2007 by the fact that the above 47th sentence among the above 47 sentence was made against the Defendants; and (b) the sentence of fine 2,00,000 won should be postponed.

(3) The court below's decision on the suspension of execution is justified, and it is so decided as per Disposition by the assent of all participating Justices on the bench. The court below's decision on the suspension of execution is justified, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

Judges Cho Jae-ho