beta
(영문) 서울서부지방법원 2015.11.26 2015노1219

업무상횡령

Text

The Defendants’ appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) Defendant A (hereinafter referred to as “instant association”)

(2) Since the authority of the president of the instant association was exercised on behalf of the president of the instant association and was full-time without engaging in a separate occupation for four months, it is justifiable to receive benefits as the president of the instant association. (2) Even if Defendant A did not work full-time, Defendant B, a separate employee of the instant association, was full-time for four months, and the president of the instant association. At the time of his appointment, the board of directors of the instant association, while the Defendants performed three roles, including the duties on behalf of the president of the association, shall be treated as unpaid remuneration, and only one of the two members shall be paid to himself only after the decision was made to pay the remuneration. Since he received benefits accordingly, he did not have the intent of embezzlement, and thus, it can be said that there was the consent of the instant association, the victim, in paying

B. Defendant B (1) misunderstanding of facts is based on the fact that Defendant B submitted the seal of theJ kept at ordinary time to increase the attendance rate of the general meeting of the instant association, but it cannot be said that Defendant B exercised the above investigation document on the ground that it did not directly use the written resolution to the election commission of the instant association. 2) The sentence of the lower court’s unreasonable sentencing (fine 500,000) is too heavy.

2. Determination

A. In full view of the following facts acknowledged by the evidence duly admitted and investigated by the lower court against Defendant A, Defendant A was full-time in the instant association.

In light of the above, Defendant A’s assertion cannot be accepted as it did not need further review on the remainder of the issue and without any justifiable reason, since the board of directors of the instant association did not have a resolution to pay remuneration to the Defendants.

1 Defendant B did not work full time at the police station, but he was himself.