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(영문) 서울동부지방법원 2015.01.16 2014노1488

횡령등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts [the part not guilty in the course of embezzlement] The defendant's act of 25,850,000 won out of the aggregate of the expenses for camping participation from other parents for economic and social care was withdrawn in small amount or transferred to his own account, and the above 25,850,000 won was specified in the name so that it can be used only for the students subject to economic and social care. The court below held that the defendant's act of 20,000,000 won out of the above camping participation period was used as living expenses, 8,50,000 won, card use expenses, communication expenses, and 8,60,000 won out of 20,000 won out of 20,000 won out of 20,000 won out of 10,000 won out of 30,000 won out of 10,000 won in light of the fact that it is difficult for the defendant to believe that the defendant used some camping expenses in cash.

B. The sentence imposed by the court below on the defendant (the fine of 2,500,000 won) is too uneasible and unfair.

2. Determination

A. 1) The Defendant of this part of the facts charged was the chief of the school department in the summer camp organized by the P'P' school located in the Thailand located in the sisterhood sisterhood school of K Middle School in 2009, and led the first-year students of the above middle school. At the time, the camping cost was high from approximately KRW 2,300,000 to KRW 2,30,000 for each participant, and the students subject to economic and social consideration (hereinafter referred to as the "private students").

The defendant was unable to take part in the camp, and the defendant was five.