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(영문) 서울남부지방법원 2015.07.01 2014고정3112
업무상횡령
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. The summary of the facts charged is that the Defendant engaged in the management of national expenses as a general secretary of the gathering of the victims’ family medical doctors, such as E, who worked in a D hospital located in Yeongdeungpo-gu Seoul Metropolitan Government from April 10, 2013 to October 31, 2013.

The Defendant received the remittance of KRW 9,166,706 from F to April 10, 2013, which was the full-time general secretary of the former State of the Republic of Korea from F, who had been a member of the former State, from April 9, 2013, and received KRW 5,160,00 from the hospital from April 2013 to October 2010, and received KRW 14,326,706 from the hospital, and used KRW 2,481,346, out of the National Assembly expense in the course of business, from April 9, 2013, the Defendant used KRW 2,481,346 for personal purposes and did not return it to G, a member of the general affairs of the Defendant.

Accordingly, the defendant embezzled the victim's property.

2. The evidence duly adopted and examined by the court and the following circumstances revealed by the court. ① The instant parliamentary expenses include not only the money collected by the first year major including the Defendant, but also the money subsidized according to the number of persons specialized in the hospital. It is difficult to regard the first year major as the ownership of all its members. ② The Defendant’s total expenses should not be deemed as the ownership of all its members. ② Even after the Defendant’s establishment of the general affairs, the Defendant did not pay any money to G with the motive for the first year major, and the second year major, and did not know about the remaining amount, and the remaining amount, and the remaining amount, from around 17, 2014 to 206, the Defendant did not disclose the remaining amount, from around 16, 2014 to 106, to 200,000 won.

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