업무상횡령
All appeals by the Defendants are dismissed.
1. The summary of the grounds of appeal 1) Activity allowances for the executive officers of the Standing Committee are owned by individuals of the executive officers of the Standing Committee. The Defendants used four million won out of the activity allowances reserve funds with the consent or ratification of all the executive officers of the Standing Committee as the election campaign costs of G. Thus, the Defendants cannot be deemed to have embezzled the above money.
However, the lower court rendered a judgment of conviction against the Defendants by misunderstanding the facts.
2) The lower court’s unfair sentencing (a fine of KRW 3 million for each of the 3 million) is too unreasonable.
2. The following circumstances revealed by the evidence duly adopted and examined in the lower court’s determination as to the assertion of mistake of facts: (i) an activity allowance of KRW 50,000 per executive officer per month from the union funds created by deducting 2% from monthly wage; (ii) the full amount of the activity allowance for the executive officer is deposited into the agricultural cooperative passbook in the name of the defendant A every month; (iii) an activity allowance for the executive officer was paid to the executive officer in the form of a passbook in the name of the defendant A; and (iv) an activity allowance for the executive officer was used during that period; and (v) there was no example directly paid to the executive officer in person; and (iii) the defendants was the candidate for the
In order to help G, in full view of the fact that 7 persons, including the Defendants, among 17 executive members, obtained consent from the 17 executive members of the Standing Committee, and used 4 million won in the passbook in the name of Defendant A, and even thereafter, the 17 executive members of H and K did not obtain consent from the 17 executive members of the Standing Committee, the fact that the Defendants embezzled the above money in their occupational custody for the purpose of promoting the personal interest of G.
The judgment of the court below is justified.
3. The lower court sentenced the Defendants to a fine of KRW 3 million in consideration of the unfavorable circumstances and favorable circumstances.
The crime of this case, which is a condition for sentencing in this court, is all union members.