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(영문) 수원지방법원 2016.10.19 2016노729
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts ① There is no fact that one million won has been transferred as stated in the crime of embezzlement No. 1 per annum of the crime log table as indicated in the judgment of the court below, which was withdrawn by the Secretary General in cash and embezzled by H.

② The crime of embezzlement as indicated in the table of crime Nos. 2 through 7 and 19 through 24 as indicated in the holding of the lower judgment was embezzled by H, the secretary general, while managing a passbook of non-funds, and the Defendant was not actually embezzled.

② AA’s obligation of the president of the Korea Senior Citizens Association E branch (hereinafter “Korea Senior Citizens Association”) prior to the judgment of the court below is to settle the debt of the former president of the Korea Senior Citizens Association E branch of the Korea Senior Citizens Association (hereinafter “Korea Senior Citizens Branch”) in lieu of the branch’s resolution at the board of directors and the general meeting. A’s obligation amounting to KRW 3 million, which A had been owed to AB of the former vice president, was paid first to the Defendant as personal money and was returned from the senior citizens branch of the Korea Senior Citizens Association.

③ The amount stated in the table of crime Nos. 9, 11 through 18 as indicated in the judgment of the court below was normally deposited in the passbook of the senior citizens' branch, and there was no embezzlement by the defendant, and used for the senior citizens branch.

④ The amount indicated in No. 10 per annum of the crime sight table as indicated in the holding of the court below was temporarily used by the defendant for the purpose of using it as the hospital expenses of the president of AC.

B. The lower court’s sentence of unreasonable sentencing (one million won by fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the evidence duly adopted and examined by the court below as to the crime No. 1 of the crime list of the crime committed in the holding of the court below, the defendant raised funds from senior citizens members in order to normalize the piracy business, and on March 16, 2012, the list of crimes in which KRW 1 million was withdrawn from the passbook of the piracy business to the defendant's personal account, is stated as being deposited after the transfer of the amount of KRW 1 million from the passbook of the piracy business to the defendant's personal account, but this seems to be a clerical error.

By doing so, the defendant was able to raise the above money, and travel expenses.

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