업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the crime of embezzlement, thereby adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.
① The Defendant, as the chairperson of the victim clan, sold the forest land as stated in the facts constituting the crime of the lower judgment as indicated in the judgment below, on the premise that he would obtain permission to develop the forest land owned by the victim clan, and, if the Defendant fails to obtain permission to develop, would terminate a contract and pay a penalty of KRW 500 million. Thus, the Defendant paid KRW 140 million to I who introduced himself as an expert in order to prevent penalty and secure insufficient funds for clans. This is a lawful act conducted
However, the prosecution had no choice but to pay the attorney's fees because the defendant's urgent arrest was made by considering it as it constitutes a third party bribe delivery.
If the defendant did not perform his/her duties related to the clan, there was no reason to pay attorney's fees, and considering that there was no person who is able to proceed with the procedure for selling forests on behalf of the defendant when the defendant was legally punished, the attorney's fees used for the defendant are spent to normally run the clans, and there was no intention to acquire illegal profits for the defendant.
(2) The victim's rules provide that the members of the clan may dispose of the property of the clan when there is a resolution of the executives of the clan, and the defendant has obtained prior consent from all the members of the clan before paying attorney's fees.
If a clan general meeting was held before paying attorney's fees, the defendant was able to pay the attorney's fees through a resolution of the officers of the clan.