업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. According to Article 8, etc. of the Regulations on the Use of Operating Expenses of the Representative Meeting of Residents of B Apartments, it is difficult to see that meal expenses are included in operating expenses, and even if the defendant does not have inevitable meals, the expenses were disbursed as operating expenses for the second and third drinking places on the grounds of the meeting, and the intention of illegal acquisition is sufficiently recognized. In light of the above, the defendant embezzled by arbitrarily using operating expenses of the representative meeting of occupants as stated in the facts charged in the instant case.
It is reasonable to view it.
Nevertheless, the lower court erred by misapprehending the fact that the lower court acquitted the Defendant of the facts charged of this case.
2. Determination
A. The prosecutor’s ex officio determination is that the content of the instant facts charged as stated in Section 1(b) below is to delete 3 of the list of crimes in the previous facts charged and reduce the amount of damage to KRW 2,827,600.
The judgment of the court below was no longer maintained since the application for changes in the bill of indictment was filed, and this court permitted this, and the subject of this part of the judgment was changed, and part of the modified facts charged is found guilty as follows.
However, notwithstanding the above reasons for reversal of authority, the prosecutor's assertion of mistake of facts is still subject to a trial by this court within the scope of the modified facts charged, and this is examined below.
B. Determination 1 on the Prosecutor’s assertion of mistake of the facts as to the modified facts charged is that the Defendant, while serving as the president of the Southern-gu Incheon Metropolitan Council for the Representatives of Residents (hereinafter “Council for the Representatives of Residents”) from October 2014 to July 30, 2016, was managing and keeping the operating expenses of the Council for the Representatives of Residents (hereinafter “Council for the Representatives of Residents”) monthly paid, in the course of managing and keeping the operating expenses of the Council for the Representatives of Residents (hereinafter “Council for the Representatives of Residents”), the Defendant cannot use the operating expenses under the Rules for the Management of Multi-Family Housing for the purpose of amusement.