logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.10.21 2013고단3154
절도
Text

The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

Reasons

1. D Line Teachers, a summary of the facts charged, (hereinafter “National Teachers”) were dissolved by the Minister of Unification’s revocation of permission for incorporation on November 21, 2007, and the Seoul High Court Order 2009Ra287 dated September 23, 201, and the Defendant was dismissed from office as a liquidator of the above Line Teachers on September 24, 2012 by the District Court Order 2012Mo29 dated September 24, 2012, and thereafter, the attorney E is in the position of liquidator of the above Line Teachers.

Although the Defendant was dismissed from office as a liquidator and did not have any authority over the above pre-paid teacher’s business, the Defendant kept the passbook owned by the pre-paid teacher and his deposit without transferring it to E, a liquidator, the following:

A. A. Around October 4, 2012, at the above Line’s office located in the Namyang-si, Namyang-si, the KRW 90 million was arbitrarily transferred to the Agricultural Cooperative Deposit Account (Account Number: I; hereinafter “H account”) in the name of the victim’s faculty member in the Agricultural Cooperative Account (Account Number”); and embezzled by arbitrarily transferring KRW 90,000 to the Agricultural Cooperative Deposit Account in the name of H;

B. Around November 6, 2012, a deposit deposited in the said Line Teachers’ Account at the said office was embezzled by arbitrarily transferring KRW 31 million by the said method.

2. Determination

A. The intent of unlawful acquisition in the crime of embezzlement refers to the intent of the custodian of another’s property to dispose of it by himself/herself without authority contrary to the purpose of entrustment. Therefore, in cases where the custodian disposes of it for the benefit of the owner, not for the benefit of himself/herself or a third party, barring special circumstances, the intent of unlawful acquisition cannot be acknowledged unless there is a special reason

(See Supreme Court Decision 201Do1904 Decided May 26, 2011). B.

In light of the above legal principles, the following facts are acknowledged according to the health team, the evidence submitted by the prosecutor and the defendant and the statement by the defendant as to the instant case.

(1) A missionary officer shall be from the Minister of Unification on November 21, 2007.

arrow