(영문) 대법원 2013.08.30 2013도2761 | 리걸엔진

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(영문) 대법원 2013.08.30 2013도2761

업무상횡령

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The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed by a defense counsel).

1. According to the reasoning of the judgment of the court below, the court below affirmed the judgment of the court of first instance which convicted the defendant, who is the president of the E Tourist Development Project Association (hereinafter "the Association of this case"), of 5,000 won of promissory notes worth 30,000 won borrowed from B for the Association of this case in order to use them as operating expenses of the Association of this case, and embezzled them by delivering them to M for personal debt repayment, and without going through the resolution of the board of directors as stipulated in the development agreement of the Association of this case or the articles of association of this case.

2. Judgment on the grounds of appeal

A. The defense counsel asserts that since the defendant has the right to remuneration by working as the president, acting director, or the president of the association of this case, even without going through the resolution of the board of directors stipulated in the articles of association, etc., this is a matter of civil settlement and cannot be established as embezzlement.

On the other hand, according to the evidence adopted by the court of first instance, the court below maintained by the court of first instance, which duly adopted or adopted by the court below, Article 21 of the Development Regulations, which is the articles of incorporation of the union of this case, shall be paid by the resolution of the board of directors. Article 19 of the Articles of incorporation, which was decided to be amended at the general meeting of June 2, 2004, provides that remuneration for union full-time officers shall be paid by the resolution of the board of directors or by the remuneration regulations approved by the general meeting of the union of this case. Thus, unless the defendant is not paid by the resolution of the board of directors or by the remuneration regulations approved by the general meeting of the union

유사 판례

-대법원 2013. 8. 30. 선고 2013도2761 판결

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