업무상횡령
The judgment of the court below is reversed.
Defendant shall be punished by a fine not exceeding three hundred thousand won.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal was that the Defendant was the president of the council of occupants’ representatives of the North-gu Busan metropolitan apartment (hereinafter “instant apartment”) from March 21, 201 to March 20, 2013.
It is true that the defendant used the operating expenses of the council of occupants' representatives of the apartment of this case, such as the attached crime list.
However, in the case of 500,000 won in total, the compensation for the Korea Electric Power Transmission tower and the sewage purification business for the occupants of the apartment of this case were used as business promotion expenses.
In addition, in the case of 500,000 won in aggregate 3 and 4, around September 4, 2012, the defendant posted a public notice that considers F's qualification as the president of the council of occupants' representatives of the apartment of this case as the chairperson of the council of occupants' representatives of the apartment of this case, but was assaulted by F twice from F on September 6, 2012 and November 28, 2012, and was inflicted an injury on two occasions and paid the medical expenses, and then was compensated for the loss equivalent to the medical expenses for public safety accidents.
Ultimately, the defendant, as the president of the council of occupants' representatives of the apartment of this case, has paid expenses incurred in the process of performing public duties for the occupants. Thus, the defendant did not have the intention of embezzlement and illegal acquisition.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. (1) According to Articles 7 and 8 of the “Rules on the Use of Operating Expenses for the Residents’ Council” of the instant apartment building (Evidence No. 152, hereinafter the evidence record), the president of the instant council of occupants’ representatives receives KRW 300,000 in the name of the monthly business promotion expenses and prove the use of the business promotion expenses as the “user’s receipt or payment certificate” but the Defendant receives KRW 300,000 in the monthly business promotion expenses from the operating expenses of the instant apartment building council.