업무상횡령등
All appeals by the Defendants are dismissed.
1. Of the facts charged in the instant case, the lower court found the Defendants not guilty of occupational embezzlement, such as the entries in the attached list of the lower judgment regarding the Defendants and the violation of the Housing Act against Defendant B, and found the Defendants guilty of the remainder of the facts charged. Since the Defendants appealed only on the guilty part and the acquittal portion that the prosecutor did not appeal was separated by the lapse of the appeal period, the lower court should have determined that the part of the lower judgment was guilty.
2. Summary of reasons for appeal;
A. Defendant A (1) misunderstanding of facts or misunderstanding of legal principles) Defendant A’s intent of unlawful acquisition and intent of occupational embezzlement are not recognized.
It is not possible to determine the establishment of occupational embezzlement by the respect of the prior resolution of the tenant representative meeting, and the first tenant representative meeting on October 25, 2012 was ratified after the ratification by the tenant representative meeting.
This part of the facts charged is that all of the expenses incurred in the process of the event of the tenant representative meeting is spent, and it is clear that it is for the interests of the tenant who is the owner of the reserve fund, so the intention of unlawful acquisition by the defendant A cannot be recognized.
In addition, since the use of one reserve fund is not established, the execution of the reserve fund may be prohibited, and the disbursement of this part of the facts charged is executed as the reserve fund in order to reduce operating expenses, so the intention of embezzlement is not recognized to Defendant A.
Therefore, the judgment of the court below that found Defendant A guilty of this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B) Defendant A, in violation of the Housing Act, provided or acquired unlawful profits in the process of selecting a public corporation
shall not be deemed to exist.
Defendant
A shall be accompanied by each Dong and general secretary-general of the occupant representative meeting, S Dong and T Consent.