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(영문) 전주지방법원 2018.09.05 2018노498
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts and legal principles 1) As to the occupational embezzlement, the Defendant spent this part of the expenditure in compliance with the usage of operating expenses according to the practices of the meeting of the representatives of occupants, it constitutes a justifiable act that does not have the intent of embezzlement or violates the social rules.

2) As to the violation of the Housing Act, a person who performed the management affairs director's duties during the period of vacancy in the office of managing director's office, etc. stated in this part of the facts charged, is the accounting officer, etc. who directly disbursed the management expenses, and the defendant approved the letter of resolution on expenditure to verify the details of the execution as the chairperson of the council of occupants' representatives after the completion of the disbursement of the management expenses, and

In addition, since Korea's former management office D provides labor until January 19, 2015, expenditure Nos. 1 to 18 of the annexed Table 2 of the List of Crimes in the judgment of the court below is not subject to punishment.

B. In order for ASEAN to perform management affairs, such as maintenance, repair, etc. of multi-family housing, there is legitimacy, reasonableness, balance, and urgency that should be paid in each part of the expenditure, and there is no authority to prevent the defendant, who is the chairperson of the council of occupants' representatives, from the management affairs of the staff of the management office. Therefore, each expenditure in this part constitutes a justifiable act

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, 1) The Defendant asserted the same purport as the grounds for appeal in this part of the judgment below, and the court below rejected the judgment on the above argument in detail as of 2. A of the judgment's "the Defendant's assertion and judgment thereon". The judgment of the court below is just and acceptable, and it is so decided by comparing the above judgment of the court below with the records and closely.

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