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(영문) 전주지방법원 2017.08.18 2017노535
업무상횡령
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

The summary of the grounds for appeal is that the Defendants did not enter the instant donations in the account book, but deposited them into the personal account of Defendant B for the second week without entering them in the account book, and that it was erroneous for the Defendants to keep the donations personally, which was the full-time vice-chairperson of the Korean Sport and Olympic Committee before D, and that it was not reported on the result of the management of the donations.

The statement is that K, who is an employee in charge of the management of the Korean Sport and Olympic Committee at D, has not received support payments in cash, and all accounts have received support payments, and it was entirely different from the fact that F has paid support payments.

Comprehensively taking account of the facts stated, it is sufficiently recognized that the Defendants had the intent to acquire illegal donations of this case.

Nevertheless, the judgment of the court below which judged that the defendants' criminal intent of embezzlement cannot be recognized is erroneous by misunderstanding of facts or by misunderstanding of legal principles, which affected the conclusion of the judgment.

2. The summary of the facts charged in the instant case is a non-profit social organization where Defendant A works as the secretariat of the Sports Council of Korea from July 25, 2014 to July 31, 2015, while serving as the victim D, who is in charge of various sports events in D city and in charge of managing the overall operation with the funds of the Sports Council. Defendant B is a non-profit social organization where most of the operating funds were subsidized from D city.

Defendants shall manage the funds of victims in the course of performing their duties, use them in compliance with the purpose and purpose of their operation, and shall not use them for any purpose other than the prescribed purpose or arbitrarily use them for private purposes.

Nevertheless, around May 2015, the Defendants expressed their intent to pay support money to the Defendants, as the representative EF supplied to the Korean Olympic Committee of the Korean Olympic Committee of the Korean Olympic Team at the time of the Do residents' body of North-do in 2015, the Defendants received support money from F.

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