(영문) 부산지방법원 2014.01.09 2013노2264 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.01.09 2013노2264

업무상횡령

Text

The part of the judgment of the court below against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four months.

(b).

Reasons

1. Summary of grounds for appeal;

A. In addition to the above statements, it is reasonable to view that the whole facts charged of this case is guilty in view of the credibility of the statement of Co-Defendant B by the prosecutor (misunderstanding of facts concerning the acquittal part) and the relationship with the defendant and the status of the defendant. However, it is erroneous in the judgment of the court below that partially acquitted the defendant, thereby affecting the conclusion of the judgment.

B. The Defendant (misunderstanding of facts with regard to the part of the charge) committed a single crime under B, and the Defendant did not participate in the crime under B, and the part of cleaning expenses for septic tanks which the lower court found guilty is merely embezzled by B, and the Defendant did not participate in the embezzlement. However, on a different premise, the lower court erred by misapprehending the facts against the Defendant, which found the Defendant guilty of this part of the charge, and adversely affected the conclusion of the judgment.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is that the Defendant, from March 1, 2008 to March 31, 201, was a person who had the council of occupants’ representatives, who was the president of the Busan Staby (hereinafter “instant Staby”) and B, from November 2007 to the director of the management office of the instant Staby from November 2007.

(1) On May 29, 2008, the Defendant: (a) in collusion with B, received KRW 40,00 from F newly occupied in the instant last resort (hereinafter “instant deposit”) from the Management Office; and (b) used the deposited money of KRW 840,00,00 for personal purposes for the instant last resort occupants on behalf of the victim; and (c) used the deposit money of KRW 840,00 in total from the above date to March 28, 201 by means of the same 21 times.

유사 판례

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