업무상횡령
All appeals filed by the prosecutor against the Defendants are dismissed.
The judgment of the court below which acquitted the Defendants of the facts charged of this case, even though the Defendants were found to have embezzled the public funds of the Financial Cooperative (hereinafter “the cooperative of this case”) by discretionary use, is erroneous in the misunderstanding of facts.
Judgment
The lower court: (a) reserved ownership of the money entrusted for a specified purpose and purpose until it is used; (b) if the money is not required to specify it, it cannot constitute embezzlement even if it is temporarily used by the trustee without going against the purpose of the entrustment; and (c) if the trustee consumes the money for any other purpose, it constitutes embezzlement only when it is consumed for the other purpose (Supreme Court Decision 2002Do2939 Decided October 11, 2002). According to the evidence duly adopted and examined by the lower court, the budget bill of the instant union was drafted for KRW 20 million for overseas training, and on May 27, 2010, the amount of KRW 200,000 for each of the members of the Association was set at KRW 1.6 million for each of the members of the Association at KRW 601,600,000,000 for each of the members of the Association at KRW 201,000,000 for each of the members of the Association.