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(영문) 대전지방법원 2016.02.04 2015노1979

업무상횡령

Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is the general secretary of the injured clan C (hereinafter “victim clan”), and the Defendant used KRW 1,169,250, out of the operational expenses of the damaged clan, for the activities of the victimized clan, as the mail fee, reproduction fee, and the head of the family clan for the activities of the victimized clan. However, it was arranged as the property tax and entered in the accounting book by arranging it as the property tax for convenience, and therefore, the damaged clan’s property does not have been arbitrarily consumed.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the defendant, from November 14, 2005 to November 29, 2009, managed the money in his/her name and his/her name while in charge of financial and administrative affairs, such as revenue and expenditure management, as the general affairs of the victimized clans, from November 14, 2005 to November 29, 2009. The defendant stated "3,870,060 won" as property tax expenditure in his/her accounting book on September 25, 2008 (Evidence No. 26,70,71 of the evidence record), ② The property tax imposed on the damaged clans around 200,810 won (Evidence No. 47-54 of the evidence record), and ③ The defendant had paid the money in his/her name to his/her name and management account books, but there was no change in the amount of property tax imposed on the clans (No. 98 of the defendant'sium).

The F, at the request of the Defendant, produced 60 books (3 books and 20 books) in the court of original instance. The F, at the request of the Defendant, produced 60 books (3 books and 20 books).

The testimony was made, and the receipt submitted by the defendant is sufficient.