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(영문) 창원지방법원 2015.03.26 2014노2569
업무상횡령
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts or misunderstanding of legal principles imposed public charges such as electricity, water supply and drainage, telephone charges, etc. on Ehigh Schools on the notice of each of Chapter 1, the Defendant asserted that there was an error of misconception of facts or misunderstanding of legal principles as to the crime of occupational embezzlement, since the electricity, water supply and drainage, and telephone charges (hereinafter “instant public charges”) incurred while living in the second multi-purpose room of E High Schools, as shown in the facts charged, were settled in the expenditure resolution without knowing the facts included in the above notice, and there was no intention to commit occupational embezzlement. Since P, A, R, and C, the chief of the office in charge, was not explained or reported on the fact that the instant public charges were included in the expenditure resolution, the lower court did not err in misapprehending the legal doctrine on the crime of occupational embezzlement.

B. The Defendant asserts that the sentence (one million won of fine) imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. On September 1, 2009, the Defendant: (a) from around June 17, 2012 to around June 17, 2012, the Defendant: (b) from around September 1, 2009 to around June 17, 2012, (c) from around June 17, 2012 to managing the overall work of E High School, including budgetary work; and (d) from around April 1, 2009 to around April 1, 2009, the head of the office of the educational foundation F of the educational foundation and the above paragraph (1) E High School budget as a person in charge of managing the above educational foundation and the above paragraph (1) E High School budget; and (c) from around March 2008 to around September 2012, the Defendant paid KRW 727,90, KRW 1,375,00, KRW 208, KRW 975,200, KRW 279,2005.

Accordingly, the defendant, C, P, R, and .

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