업무상횡령
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 10,00,000 won, and a fine of 4,00,000 won, respectively.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles have a lot of money actually disbursed for a stable rather than personal use of the money paid from E to the stable team. Thus, even if the Defendants used training expenses, etc. paid from E for personal use as criminal facts of the lower judgment, this constitutes a crime of occupational embezzlement, even if the Defendants used training expenses, etc. paid from E for a personal purpose, as stated in the lower judgment,
However, the judgment of the court below which recognized the defendants as the crime of occupational embezzlement is erroneous in misconception of facts and misapprehension of legal principles.
B. Each sentence of unfair sentencing (Defendant A: 2 years of suspended sentence on June, and Defendant B: 1 year of suspended sentence on April) by the lower court is too unreasonable.
2. Determination:
A. The following circumstances acknowledged by the lower court and the lower court’s judgment as to the assertion of misunderstanding of facts and misapprehension of legal principles were duly adopted and investigated, namely, E deposited training expenses, competition participation expenses, and cell training expenses into the players’ account separate from the payment account of the players. Defendant A transferred the aforementioned allowances to the Agricultural Cooperative (S) in his/her own name while managing each of the above accounts from the players, and even if the E transferred money from each of the players’s accounts managed by Defendant A because the use and purpose were specified, the said money deposited into the said Agricultural Cooperative Account would be clearly specified; ② Defendant A withdrawn money from the said Agricultural Cooperative Account without permission for personal use; Defendant B received money from the said Agricultural Cooperative Account for personal use or used money for personal use; ③ Defendant A used money for the management of the athletes’s own name, as alleged by the Defendants.