업무상횡령
The prosecutor's appeal is dismissed.
1. In light of the purport of the grounds for appeal, the court below found the Defendant guilty on the charge of embezzlement of KRW 3 million returned from the national federation under the above circumstances, on the ground that: (a) the National Federation of Korea has no reason to separately pay the president the sales fund; (b) the F and G consistently make a decision to pay the membership fee reduction for part of 16 City/Do associations at the national federation; and (c) the D Association has consistently made a statement to the effect that it paid KRW 3 million to the D Association with the refund of full payment of the existing membership fee or the compensation therefor; and (d) the court below acquitted the Defendant on the charge of the instant case.
2. The summary of the facts charged is the person who was in the position of the president of the Association from March 2002 to March 2007.
The defendant, while deciding to pay membership fees for part of 16 City/Do associations in the Korean Trucking Business Association, was willing to consume the refund of membership fees remitted to local associations for personal purposes in order to return membership fees.
On November 24, 2006, the Defendant received money from the Federation of Trucking Services from the Republic of Korea (hereinafter referred to as the “National Federation”) to the Korea Association (hereinafter referred to as the “D Association”)’s corporate account (hereinafter referred to as the “D Association”), and embezzled money of KRW 3 million in cash, which was in the course of business custody, for personal purposes.
3. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a witness’s statement in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or there are special circumstances to deem that the first instance court’s determination was clearly erroneous, or the first instance court’s determination was made based on the results of the first instance court’s examination and the evidence duly examined by the court of first instance until the closing of argument in the appellate trial, the first instance court’s determination on the credibility of a witness’s statement made by the first instance court.