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(영문) 서울남부지방법원 2017.03.31 2016노1124
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

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

A. The amount that the defendant paid is necessary for the affairs of the representative meeting of the victim apartment occupants. Since the money was paid through the resolution of the representative meeting of occupants, there is no intention to acquire unlawful profits for the defendant.

B. Considering the defendant's work performance, the amount of meal expenses paid by the defendant does not go against the social norms.

2. The Defendant also asserted the same purport in the lower court, and the lower court rejected the Defendant’s assertion on the following grounds: (a) in light of the circumstances acknowledged by the evidence adopted by the lower court, the Defendant did not have any intent to obtain unjust enrichment from the Defendant; and (b) the Defendant’s expense disbursement did not constitute a violation of social norms.

The reasoning of the judgment below is examined closely by comparing the reasoning of the judgment below with the records, and the revised management rules and the use rules of the operating expenses were provided for tea and beverage, but it is difficult to see such provisions as the expense-based rules for meal expenses after the conclusion of the meeting. The defendant is not only a representative meeting of the occupants' conference but also a member of the conference is paid a separate meeting attendance allowance, so the meal expenses can be appropriated through it, there is no expense-based provision, the expenses for light survey or the expenses for the Dong representative seminars (which appears to have been disbursed at the meeting). In light of the above, the judgment of the court below is just, and there are no errors in the misapprehension of the legal principles as to this part of the judgment below, since there are no errors by misapprehending the facts alleged by the defendant or by misapprehending the legal principles.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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