업무상횡령
The defendant shall be innocent.
1. The summary of the facts charged of the instant case is that the Defendant was unable to disclose and audit accounting data from 2006 to the president of the clan C (hereinafter “the instant clan”) and was unable to do so on the grounds that he was operating the clan in a single manner. On November 14, 2010, the term of office of the president expired. D was expired on November 14, 2010, and D was a person elected as a new president from the “Emergency Countermeasure Committee” comprised of 87 members, such as the clanF, at an ordinary general meeting opened by the president E on November 14, 2010 ( October 9, 2010).
On December 6, 2010, the Defendant received a request for the return of documents owned by the clan of this case on several occasions, such as the receipt of documents from D, such as account books, passbooks, lease contract, registration right certificate, etc., which the Defendant had kept in custody in business from D at the house of Seongdong-gu Seoul, Seongdong-gu, Seoul. However, the Defendant failed to comply with justifiable reasons and embezzled documents owned by the clan of this case.
2. The facts charged of this case are that the defendant, even though he was demanded by the clan on December 6, 2010, to return documents owned by the clans of this case, he embezzled it in response to its refusal.
Therefore, we examine whether the defendant had an intent to obtain unlawful permission.
According to the facts and records in this court, at the ordinary meeting held on November 14, 2010 (No. 9, Oct. 9, 2010) of the clan of this case, the general meeting held on November 14, 2010, while the defendant who was the chairperson at the time did not attend the above general meeting, the F took charge of the above general meeting and passed a resolution to select D as the chairperson with the consent of forty-six members from among the 82 members present at the above general meeting. Accordingly, the defendant filed a lawsuit to nullify the invalidity of the resolution to appoint the president of the clan of this case as the head of Suwon District Court Branch Branch Branch Branch 2012hap4615, but the above court ruled against the plaintiff on May 7, 2013. Rather, the court decided against the plaintiff on the ground that the resolution of the above general meeting was valid, against the defendant.