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(영문) 대구지방법원 2018.01.26 2017노1009
업무상횡령등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A. The Prosecutor’s Defendant B, C, E, F, and G.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1 is the principal of the branch office of the I.I.D. (hereinafter “instant branch office of the Trade Union”) of the branch office of the I.D. (hereinafter “instant branch office”) and only formally approved the amount of subsidies once a month in relation to the disbursement of the price of materials for education at M schools. The execution of the funds, etc. was dealt with by B, the assistant principal of the principal site of the branch office of the instant trade union, and the head of the branch office of the instant branch office of the instant trade union, which is the assistant principal of the school, and C. of the instant branch office of the Trade Union. As stated in the facts charged in the instant case, the Defendant did not know that B and C used subsidies by receiving an excessive amount of the price of materials for education from D operating theO and using them for any other purpose.

2) The sentence sentenced by the court below to the defendant (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.

B. Each sentence (Defendant A and C: 8 months of imprisonment with prison labor, 2 years of suspended execution, 6 months of imprisonment with prison labor, 2 years of suspended execution) sentenced by the court below to the Defendants is deemed to be too uneasible and unfair.

2. Determination

A. Determination as to Defendant A’s assertion of mistake of facts in the facts of this case (A) The branch of the Port of the instant trade union is a corporation with its principal office in South-gu K at port on December 20, 1996, and is an assistant business entity who performed “L business”, which is a single exchange of “L business” from 2011 to 2015 from 2011 to 2015 with the Ministry of Employment and Labor.

From January 1, 2008 to December 31, 201, the Defendant received subsidies from the head of the branch office and employment of the branch office of the instant trade union and the Minister of Labor and received subsidies from the Ministry of Labor to the head of M school that conducts the said “L business”. B was the head of the said branch office and the assistant principal of the said M school from January 1, 2008 to December 31, 201, and C was the head of the said branch office and the above assistant principal of the M school from January 1, 2008 to December 31, 2011.

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