업무상횡령
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds for appeal (misunderstanding of facts) is only an interim approval on the draft of the medical expense payment period for a member of the union who has already been approved by the chairperson at the request of G, the president of the union at the time of the instant case, who was the person who was subject to unfair dismissal and reinstated and actually performed his/her duties, and thus, the Defendant was not guilty, but there is no status of custodian of embezzlement or intent of unlawful acquisition, and the lower court, which determined otherwise, and convicted the Defendant, thereby adversely affecting the conclusion
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.
In the first instance trial, the prosecutor added the "alternative facts charged" to the facts charged in the instant case, and applied for permission of modification of a bill of amendment to the contents of Articles 356 and 355 of the Criminal Act alternatively. This court permitted this and changed the subject of adjudication against the defendant. Thus, the judgment of the court below is no longer maintained in this respect.
On August 6, 2012, the Defendant, as the chief secretary of the D Union in Seo-gu Incheon Metropolitan City around August 6, 2012, has been engaged in the management of the budget, such as the expenses of the association collected from the members of the said association.
The expenses of a cooperative shall be used for the cooperative, and the reserve funds shall be used after the approval of the representatives' general meeting in the budget general provisions of the above D cooperative's budget for revenue and expenditure on 2013. Thus, the expenditure of the reserve funds must be made after obtaining approval of the representatives' general meeting as a use for the cooperative.
Nevertheless, the defendant shall use the above partnership expenses for the partnership and in violation of the occupational duty to observe the general rules of budget, etc. on October 21, 2013, and in order to promote the interests of E, a partner at the above partnership office, without obtaining approval of the representative general meeting of delegates.