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(영문) 서울북부지방법원 2019.10.24 2019노1211
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. In principle, the summary of the grounds for appeal (fact-finding) is that the attorney's fees for civil cases in which an individual is a party cannot be paid at the expense of an organization. In light of the Constitution and administrative rules of the church of this case, the situation where there was a divided dispute between the two parties opposing the F delegated pastor at the time when the attorney's expenses are paid, the Defendants paid the church funds at the attorney's expense for personal civil litigation without undergoing lawful procedures, and thus, the Defendants are recognized as unlawful acquisition intent.

Nevertheless, the court below acquitted the Defendants, and there is an error of law by misunderstanding the facts.

2. The decision of the court below on the grounds of appeal is difficult to see that there was an intention of unlawful acquisition in paying attorney fees to the public funds of the church of this case, and there is no other evidence to acknowledge this. The decision of the court below is just and acceptable even if the reasoning of the decision of the court below is reviewed again in light of the records, and it does not seem that there was an error of law as argued by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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