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(영문) 서울북부지방법원 2014.05.01 2014노11
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of three million won imposed by the court below against the defendant (the suspended sentence of a fine of three million won) is too unhued.

2. The Defendant’s crime of this case, as the Director of the Management Office of the apartment of this case, managed three accounts with the purpose of deposit of public funds owned by each occupant, etc. of the apartment of this case. While Co-Defendant A, the representative of the council of occupants’ representatives of the apartment of this case, was aware that Co-Defendant A would not use the public funds for the designated purpose, the Defendant transferred the public funds transferred to the Defendant’s personal account in accordance with the direction of A without due process for expenditure of funds by a third party or occupant, etc., to the account managed by the Defendant, but again transferred the funds to A, or delivered them in cash or in cash, and assisted the Defendant’s considerable amount of occupational embezzlement by way of facilitating the Defendant’s crime of embezzlement of business by withdrawing them from cash or check, or directly withdrawing them, and delivering them to A, and thus aiding and abetting the crime of this case’s considerable amount of occupational embezzlement. In light of the circumstances and circumstances that the Defendant could not be deemed to have been punished by a fine, other than the Defendant’s past 30 years of the crime of this case, the Defendant’s age of punishment.

3. In conclusion, the prosecutor's appeal is without merit, and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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