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(영문) 서울북부지방법원 2013.06.05 2013노300

업무상횡령

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles (1) The occupational embezzlement part of management expenses obstructs the work of the C apartment and damages honor of the C apartment, thereby filing a complaint with H by the representative of the chairman of the council of occupants' representatives, and then withdrawing the legal expenses incurred for this purpose from the management expenses of the council of occupants' representatives in accordance with the resolution of the council of occupants' representatives, which does not constitute embezzlement, or constitutes a justifiable act, the

(2) On November 22, 2010, when the defendant brought about the occupational embezzlement of office supplies, he was dismissed from office supplies on November 12, 2010, rather than on November 22, 2010, he brought about office supplies as the house because there is an urgent need for residents opposing the defendant to prevent recording and damage to the management office without permission, and thereafter, he did not return office supplies after being elected by the chairman of the council of occupants' representatives, but failed to return them after being elected by the chairman of the council of occupants' representatives without being elected by legitimate chairman of the council of occupants' representatives, but did not embezzled office supplies with the intent of illegal acquisition, the court below erred by misapprehending legal principles and by misapprehending legal principles.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. (1) According to the reasoning of the lower court’s judgment on the assertion of mistake of facts and misapprehension of the legal doctrine, the Defendant’s act of withdrawing management expenses constitutes occupational embezzlement, even if the Defendant withdraws from management expenses after obtaining a resolution of the council of occupants’ representatives after the fact that the legal expenses incurred by the Defendant incurred for the aforementioned act, and the act of withdrawing management expenses constitutes occupational embezzlement.