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(영문) 수원지방법원 2015.07.14 2014노5542

업무상횡령등

Text

We reverse the judgment of the court below.

Defendant shall be punished by a fine of KRW 3,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal by the defendant;

A. Error of facts (the first judgment) The defendant was elected from the council of occupants' representatives of militaryposi-si D apartment (hereinafter "the apartment of this case") to the 14th, the 15th and the 15th representative and the 15th general secretary, and some of the amounts specified in the attached list of the first judgment cannot be deemed as the amount embezzled by the defendant for the following reasons:

(1) The amount of money listed in No. 19 per annum of the crime sight table attached to the judgment of the court of first instance shall be calculated by dividing the expenses for the operation of the representative meeting remaining after being used every year in a gift or gift certificate into gift or gift certificate each year, and the defendant purchased the 200,000 foot gift certificates from agricultural cooperatives and delivered them to three representative members, and there is no decision to refuse to purchase gift certificates at the representative meeting different from the statement of the judgment of the court of first instance.

(2) Each amount stated in 1, 4, 5, 7, 8, 9, and 10 installments per annum of the crime sight table attached to the judgment of the court of first instance is the 14th unit council chairperson E and the auditor I who intend to illegally perform the pipeline replacement construction work, with the aim of sharing information with the apartment residents at the time when the defendant asserted against E and the auditor I, and paying the minimum food cost.

(3) The amount stated in No. 2 of the annexed Table 1 of the judgment of the court of first instance is that the defendant was disbursed to U and the chief of the management office at the time with the intention of seeking cooperation with the defendant as a new general manager. The amount stated in No. 3 of the year is that residents and the chief of the Gu, who are engaged in day-to-day movement in an apartment playground, in a sense that the defendant gather opinions of residents and takes personnel affairs according to the impulse of the former general manager.

(4) The amount stated in 12, 13, 14, 15, and 16 annual table of the crime sight table attached to the judgment of the first instance court stated the false facts by mobilization of 100 residents by the 14th council chairman E and the auditor to leave the defendant. The defendant asserted against this.