(영문) 서울고등법원 2017.03.31 2017노198 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2017.03.31 2017노198

업무상횡령등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. Defendant A’s occupational embezzlement is an incorporated association of Defendant A (hereinafter “Association”).

Although the deposit which has not been returned for the purpose is used only for the purpose of environmental conservation as stipulated in each subparagraph of Article 15-3(1) of the Act on the Promotion of Saving and Recycling of Resources, it is a crime of embezzlement against the Association.

B. In light of the circumstances such as: (a) the receipt of a breach of trust from Defendant A through B and the receipt of a breach of trust from Defendant B; (b) the balance remains in the account in the name of the family, including Defendant A; (c) the Plaintiff’s assertion on the user of KRW 60 million is partially different from the facts; and (d) the O received money from the P account through T without receiving the money directly from the P account; and (c) the O borrowed KRW 60 million from AO.

Defendant A cannot be seen as having received KRW 60 million from Defendant B in return for an illegal solicitation.

(c)

Defendant

According to L and V’s statements, etc., A Co., Ltd. (hereinafter “N”) in breach of trust from L to L.

It is recognized that the representative L has borne KRW 22 million at the expense of the defendant's seat driver's seat and local staying in the aircraft.

2. Determination:

A. As to Defendant A’s occupational embezzlement, the lower court determined that the Association’s articles of incorporation provides for one of the financial resources of “expenses for the maintenance and operation of the Association,” the amount of unpaid deposits paid by members, and the budget bill for the use of the above financial resources shall be approved by the board of directors following the resolution of the board of directors. Defendant A, as the vice president of the Association, performs the duties of executing the Association in accordance with all the provisions such as the Association’s articles of incorporation and the resolution of the general meeting. As such, in relation to the Association, at least the provisions of the Association’s association’s association

유사 판례

-수원지방법원 2018.08.24 2018고정915

-수원지방법원 2013.03.21 2012고합1017

-대구지방법원 2020.11.13.선고 2019가합211724 판결

-서울서부지방법원 2016.01.20 2015고단1376

-광주고등법원 2009.11.13.선고 2009나1749 판결