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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to Defendants 1) with respect to the crime of occupational breach of trust (Defendant A), the above Defendant was unable to take the general meeting of the association at the time of borrowing the instant money, all borrowed money was used as operating expenses of the association, and the new association enforcement department, such as K, etc. ratified it, the judgment of the court below which found the Defendant guilty of this part of the facts charged without the intention of occupational breach of trust, which affected the conclusion of the judgment by misunderstanding the facts of the judgment. (2) As to the forgery of private documents and the uttering of the above investigation documents (defendants) the documents of this case were prepared and sealed by M directors with the consent of other directors, and the statement of M andO was made by K was made by K, and there was no credibility, which affected the conclusion of the judgment by misunderstanding the facts charged.
B. The prosecutor’s defendants prepared the documents of this case to the effect that “the victim K embezzled the amount of KRW 1 billion under the name of the association or borrowed and misappropriated the amount of KRW 1 billion under the name of the association” and sent them to the union members, the Korea Cadastral Corporation President, and the head of Cheongyang-gun Cheongyang-gun Gun, etc. However, since the contents of the facts charged are different from those of the facts charged in fact, the defendants made a false representation of the facts charged, thereby impairing the K’s honor, and thereby obstructing the president’s duties of the association head of the K ex officio of war, the judgment of the court below which acquitted him
2. Judgment on the defendants' assertion of mistake of facts
A. As to occupational breach of trust (Defendant A), the following circumstances can be acknowledged from the evidence duly adopted and examined by the court below, i.e., ① cannot borrow money from outside without the resolution of the general meeting of the association, according to the articles of association of the association of this case. The resolution of the general meeting of the association regarding the loan of the instant money is adopted.