logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.05.19 2016노7227
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant merely instructed D to disburse KRW 3 million,00,000 paid by G, a corporation (hereinafter “C”) as a contribution to G, a corporation (hereinafter “C”) at the attorney’s expense; and (b) the Defendant did not use the above amount for personal interest; and (c) the Defendant cannot be deemed as embezzlement

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The lower court acknowledged the following circumstances based on the evidence duly adopted and examined by the lower court: ① (a) the Defendant and the Director General of the Report Bureau, the C representative director, are to use the newspaper reporters such as the Defendant and the Director General of the Report Bureau D for the work related to E, F, G, and H, and paid the Defendant each KRW 1 million through 5 million to C; (b) there was an implied agreement between the Defendant and the said reporters to use the said investment through mutual consultation; and (c) the Defendant and the said reporters agreed that the amount of the investment would be reduced to less than the first payment due to the circumstances such as personal use of D’s investment around October 2014; and (d) the Defendant, on December 12, 2014, ordered the aforementioned reporters to use the private funds for the purpose of embezzlement, without the consent of the said reporters; and thus, (c) the Defendant’s use of the funds for other than the Defendant’s lawful purpose of embezzlement is not completed.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is just, and it is not erroneous in the misapprehension of the facts pointed out by the Defendant.

3. If so, the defendant-appellant.

arrow