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(영문) 서울중앙지방법원 2015.06.11 2015노391
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) In 2010, the Defendant used the portion of the “reserve fund” for the Gwangju High Asian Games in line with the purpose of the reserve fund for the Gwangju High Asian Games.

In other words, the reserve fund includes expenses to be used for friendship activities with the persons related to the international conference at the time of the international conference, and at the time, the defendant participated in the competition with an international inquiry and executed 5,000 expenses for exchange with the executives and referees of each country in accordance with the direction of the president of the Association. Therefore, it is not illegal.

In addition, even if personal use was made, the part executed by the defendant is about 5,000 and the remainder of 5,000 is used for other international trials, but the court below erred by misunderstanding that the defendant embezzled all 10,000s.

(2) The Defendant used the part of the “influence cost” for the purpose of publicity interference expenses.

The public relations interference cost is used for not only the broadcasting parties but also all those who find a venue for the competition, and it is not possible for one person in the Association to take charge of it, so it is reasonable that the officers and employees of the Association shared their roles and executed the budget by sharing their roles among themselves, but it is not divided by individuals.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. (1) Determination of an assertion of mistake of fact refers to the intention to dispose of another person's property, such as, in fact or by law, which is in breach of his/her duty, for the purpose of seeking the benefit of himself/herself or a third party.

In addition, the money entrusted with the purpose and purpose of use is reserved to the truster until it is used for the specified purpose and purpose, and if the trustee arbitrarily consumes it, it constitutes embezzlement.

In addition, the defendant is entrusted.

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