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(영문) 수원지방법원 2018.02.22 2017노4167
업무상횡령
Text

The judgment of the court below is reversed.

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, misunderstanding the legal principles, made the rice that was raised in F with processing expenses, and divided the head of Tong to the effect that he would rather deliver it to the adjoining neighbors. Even if some of the head of Tongs or representatives received this, he used the rice for purposes corresponding to F, such as publicity of the Saemaul Treasury and establishment of the status thereof, by dividing it into the customers of the Saemaul Treasury, even though some of the head of Tongs or representatives received it.

In light of the fact that although the above rice was executed without the resolution of the board of directors, the previous rice was divided into the president's exclusive right without the resolution of the board of directors, the defendant embezzled by using the above rice for his own interest against the will of the Saemaul Treasury.

shall not be deemed to exist.

As above, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misunderstanding of facts and legal principles.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. Summary of the facts charged in the instant case 1) The Defendant is a non-profit Saemaul Savings Depository Chairperson, a non-profit corporation, to commit the crime in 2014.

In the name of "F", the Saemaul Treasury has promoted events to assist low-income groups and vulnerable groups by conducting a rice or cash collection campaign for three months from the beginning of November of each year to the summer of January of the following year. In selecting persons eligible for support for collected rice, etc., the above Saemaul Treasury shall undergo a resolution by the board of directors of the Saemaul Treasury, and the collected rice, etc. shall be paid to low-income groups or vulnerable groups.

Nevertheless, the Defendant collected rice at around that time, while he was in the business of keeping the rice 80 kilograms collected through F in Suwon-si, Suwon-si, Suwon-si, from November 2013 to January 1, 2014, for the E Saemaul Treasury, from which the Defendant was in the business of keeping the rice 80 kilograms collected through F.

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