(영문) 대구지방법원 2019.01.11 2018노2966 | 리걸엔진

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(영문) 대구지방법원 2019.01.11 2018노2966

업무상횡령등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unfasible and unfair.

B. As to Defendant 1’s occupational embezzlement, in full view of the fact that: (a) the Defendant was elected to the head of the association by making a non-permanent promise but the Defendant was only elected to the head of the association; (b) there is no need to pay allowances; (c) the Defendant was required to pay allowances; (d) the Defendant was paid with money that the Defendant raised; and (e) the Defendant was anticipated to return if not approved as a result of a resolution by the board of directors and the board of representatives; (b) the crime of occupational embezzlement is not established; (c) as to the crime of occupational embezzlement; (d) as to the crime of occupational embezzlement, the Plaintiff did not constitute a crime of occupational embezzlement; (d) the Plaintiff did not have determined the reduction rate; (e) the Plaintiff did not demand the trustee to suspend the subsidization of operating expenses of the association on August 10, 2016; and (e) the Defendant did not spend the Defendant’s obligation to H as the head of the association; and (e)

2. Judgment on the defendant's assertion

A. As to occupational embezzlement, the Defendant’s summary of the facts charged in the instant case is the C Urban Development Project Association (hereinafter “the instant association”) that is the victim of the instant crime from November 13, 2015 to April 28, 2017.

As the head of the association, a person who represents the association and supervises the affairs of the association, and is concurrently in charge of the affairs of the board of directors and the chairperson of the board of representatives.

Article 14 of the articles of association of the association of this case provides that "the association may pay remuneration to the president, full-time directors, and paid employees of the association through a resolution of the board of representatives." Thus, the defendant shall undergo a resolution of the board of representatives to receive remuneration,

Nevertheless, around December 11, 2015, the defendant is the union of this case at the above partnership office.

유사 판례

-대구지방법원 2014.02.21 2013노2254

-대구지방법원 포항지원 2018.09.06 2017가합143

-서울고등법원 2014.11.27 2014노1843

-서울중앙지방법원 2017.11.30 2016가단5284997

-대구지방법원 포항지원 2018.07.20 2017고단1320