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(영문) 서울고등법원 2013.03.08 2012노3807

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

The judgment below

The guilty portion against the defendant shall be reversed.

The defendant is innocent. The summary of the judgment of this case is not guilty.

Reasons

The court below found the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) among the facts charged in this case and sentenced the defendant to three years of imprisonment and four years of suspended execution, and acquitted the defendant on the ground that there is no proof of crime regarding the violation

Therefore, since only the defendant appealed the guilty portion and the prosecutor's non-guilty portion is finalized, the scope of this court's judgment shall be limited to the conviction portion of the judgment below.

Summary of Grounds for Appeal

The agreement of this case by mistake of facts or misunderstanding of legal principles is paid as the compensation for damage to the temple owned by the defendant, so it shall belong to the defendant.

Even if the agreement amount of this case is recognized as a victim, it cannot be deemed that there was a consignment relationship between the defendant and the victim, and the defendant merely uses the agreement amount with the awareness of money in his own possession, and thus cannot be recognized as the criminal intent of embezzlement against the defendant.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.

The sentence imposed by the court below on the defendant is too unreasonable.

The summary of the facts charged against the defendant in the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) against the defendant in 1988 is a person who has served as the president of the victim E religious organization (hereinafter referred to as the "victim's religious group") from around 1988 and has the right to manage and supervise the property of the victim's religious group, the right to manage and supervise the property of the victim's religious group, and the awareness of the G in

H Co., Ltd. (hereinafter “H”) tried to construct J apartment units in Southyang-si, one of which is adjacent to the above G from around 2005, Namyang-si, Inc. (hereinafter “H”).

The defendant.