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Defendant
All appeals filed by B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. It was true that Defendant A transferred KRW 5 million to the Agricultural Cooperative account under the name of the Social Welfare FoundationO (hereinafter “O”) on March 5, 2009. However, it was transferred by Defendant A for the pure purpose of donation due to a long-standing relationship with Defendant B, and the subsidies for LA was deliberated, resolved and executed much more than the above remittance, and thus there was no duty relationship between Defendant B’s receipt of KRW 5 million and Defendant B’s local council member of the local council.
B) Violation of the Act on the Occupational Embezzlement and the Collection and Use of Donations ① (a) Defendant B received a cash card at a bank with the approval of the board of directors, and used the funds of the Daejeon Branch as activity expenses, and there was no criminal intent of embezzlement. ② Defendant B deposited KRW 6 million out of the money personally used into the O Daejeon Branch’s account, but it is improper to include it as embezzlement amount. ③ It is improper to include 7 million won, which is sent by the O presidentR, as donations, as donations, and to add the total amount of embezzlement. 2) The sentencing of the lower court of unfair sentencing (one year of imprisonment, two years of suspended execution, fine KRW 10 million, and additional collection KRW 5 million) is too unreasonable.
B. As the prosecutor (Defendant A) can be deemed to have been entrusted with the affairs on recognition of educational attainment by the superintendent of education under the statutory provisions, or at least money and valuables have been received in exchange for an illegal solicitation in the position of a person who administers LA’s affairs, there is sufficient conviction of Defendant A’s breach of trust. 2) The lower court’s sentencing against Defendant A (one month of imprisonment and two years of suspended execution) is too unreasonable.
2. Determination on Defendant B’s grounds of appeal
A. 1) Judgment on the assertion of mistake of facts 1) The lower court rendered a not-guilty verdict on the primary facts charged, but on this point.