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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant is a person who has been working as the chairperson of the victim C organization from March 2009 to the present.
On November 15, 2011, the Defendant, while keeping funds, such as membership fees, etc., for the ownership of a victim in the “Ecafeteria” located in Donnam-do, Jeonnam-do. On the other hand, the Defendant: (a) had a meal in another table; and (b) had arbitrarily settled KRW 110,000 of the meal cost of the said person by the Nonghyup Card (H), in which the funds owned by the victim are deposited, and embezzled it.
2. Determination
A. In the crime of occupational embezzlement, the expression “the intent of unlawful acquisition” means the intent to dispose of another person’s property in violation of his/her occupational duties for the purpose of pursuing his/her own or a third party’s interest, such as in the case of his/her own property. In cases where the custodian disposes of another person’s property for the interest of the owner, not for his/her own or a third party’s interest, the custodian’s intent of unlawful acquisition cannot
(See Supreme Court Decision 2009Do495 Decided April 23, 2009, etc.). B.
The following facts are recognized by the defendant's legal statement, each police's statement to the IJK, each internal investigation report (related to submission of a statement of subsidies in 2011), internal investigation report (Submission of a document related to self-payment in 2011), investigation report (C's review of the C's K Telephone statement):
(1) The victim C organization received subsidies of KRW 22 million from 201 to Dondo 201 and managed them as the Agricultural Cooperative account (L, deposit owners C organization) and used them strictly as personnel expenses, electricity, telephone, product purchase cost, event cost, and outing equipment, etc. In addition, the victim C organization collected membership fees and supporting funds from executives and created another agricultural bank account (H and the Defendant) and managed them at its own expense, without specifically stipulating the purpose of use of the above funds, and primarily, the victim C organization is an executive officer.