특정경제범죄가중처벌등에관한법률위반(횡령)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors and legal scenarios) promoted the disciplinary decision against 13 persons who oppose the order to pay the honorable treatment to the Defendant A as the opposite wave of the Victim Fac Group G (hereinafter referred to as the “GI”) of the GIc Group GIc Group (hereinafter referred to as the “GIc), and the payment of the honorable treatment amount is a joint resolution of the church, but the Defendant paid the honorable treatment amount of KRW 800 million to the Defendant A without a joint resolution of the church on October 21, 2012. The Defendants, while being aware of the fact that the payment of the honorable treatment was in violation of the church law procedures, led a series of processes or took part in depth, thereby performing
As of December 2, 2012, when ratification was made after the Joint Council, the Defendants’ crime of occupational embezzlement was committed on December 2, 2012 and does not take into account the determination as to the establishment of the crime of occupational embezzlement. In light of the evidence, there is sufficient evidence to deem that the Defendants committed the act of unlawful acquisition, conspiracy, and enforcement. Thus, the Defendants should be convicted.
Nevertheless, the court below rendered a not-guilty verdict on the charges of this case on the grounds that there is not sufficient evidence to prove the facts charged by the Defendants. This is based on the misunderstanding of legal principles.
2. In addition to the existing facts charged against the Defendants, the additional prosecutor of the selective charges added to the following 4-A:
The application for changes in indictment was submitted to add the selective charges as stated in the Paragraph, and this court permitted it on October 14, 2014 on the fifth trial date. Thus, the subject of the trial was added.
However, since the prosecutor's argument of mistake of facts on the existing facts is still subject to the judgment of this court, it will first be examined and then will proceed to the judgment on the additional facts.
3. Existing.