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(영문) 서울북부지방법원 2018.09.07 2018노836
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding and legal principles were the president of the Seongbuk-gu Seoul Family Redevelopment Association (hereinafter “victims Association”). The Defendant was indicted for a violation of the Act on Non-Act on Non-Act on the Improvement of Urban Areas and Residential Environments (Seoul Central District Court Decision 2013No. 2208) on June 2013 in the course of performing the affairs of the Association, on which he/she entered into a contract that imposes a burden on the union members without going through a resolution of the general meeting of the Association’s meeting (Seoul Central District Court Decision 2013No. 208). Accordingly, the board of directors of the Victim Association decided to pay attorney fees and fines for the above case at the union’s expense. Accordingly, the Defendant only spent 22 million won and fine 70,000

In addition, the Defendant was indicted for violating the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (Seoul Northern District Court Decision 2017DaMa41) on the same content in the course of handling the partnership affairs as in around 2016 (Seoul Northern District Court Decision 2017DaMa41). The board of directors of the victim association spent the amount of KRW 20 million for the attorney fee and KRW 7

The board of directors, representatives' meetings and general meetings of the victim association approved the payment of counsel fees and fines at the expense of the association, or did not raise any objection.

In addition, the victim association received the return of KRW 20 million from the defense counsel paid by around 2016 to the victim association, and the defendant returned the total of KRW 1.4 million to the victim association at the defendant's own expense.

Therefore, the defendant is not liable for the crime of embezzlement against the above attorney fee and fine.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding of facts and misunderstanding of legal principles.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 6 million) is too unreasonable.

2. Determination

A. Determination on the assertion of misunderstanding the facts and misapprehension of the legal doctrine 1) Members of the relevant legal entity shall work for the legal entity by lawful means.

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