(영문) 수원지방법원 2015.10.08 2014노6442 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2015.10.08 2014노6442

업무상횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. In full view of the evidence submitted by the prosecutor in the records of this case, the defendant did not hold a party meeting or a removal meeting which has gone through legitimate convening procedures and without the consent of the victim D church, and can be sufficiently recognized that he arbitrarily consumeds the total amount of KRW 168,735,749 and embezzled it for the victim church without the consent of the victim D church. However, the judgment of the court below which acquitted the defendant of the facts charged of this case on a different premise is erroneous in the misunderstanding of facts.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that the defendant has been engaged in the affairs of executing the funds of the victim's association (hereinafter "victim's church") in Pyeongtaek-si C, and according to the rules of the victim's church, in the case of disposing of the church properties, he shall convene and dispose of the church in the case of disposing of the church properties, and if the church is not constituted, he may conduct the roles of the party council at the party council. However, even though it should be conducted through lawful convening procedures, the defendant, on February 28, 2010, borrowed 380 million won from the Seoul Livestock Cooperative as security of the above church building at a non-permanent place on the same day.

3.3.Around the same year, while receiving a transfer of KRW 300 million to the Agricultural Cooperative (E) account under the name of the defendant and keeping it for the victim's church for business purposes, not holding a meeting or a meeting of removal after lawful convocation procedures;

3.31. around 31. The same year, under the pretext of part payments of apartments that the defendant personally purchased;

4.5.Around the same year, 9,374,626 won or more under the name of the defendant for repayment.

5. Around 25.25. Around 73, a total of KRW 168,735,749, including KRW 73,361,123, under the name of repayment of apartment mortgage loans that the defendant purchased individually, was embezzled.

B. In the case of a victim church, there is a resolution on the operation of the church.

유사 판례

-수원지방법원 평택지원 2014.10.16 2014고단639

-서울중앙지방법원 2013.04.11 2012고정2670

-서울중앙지방법원 2013.07.11 2013노1322

-울산지방법원 2019.11.27 2018가합27399

-광주지방법원 순천지원 2018.04.11 2017가단74686