208Do3264 Occupational embezzlement

LOS (DOT S - DODOIT S), OS ADIND ONLINE

Seoul Residence

Reference domicile Gyeong-si

Defendant

Law Firm

[Defendant-Appellant]

Seoul Central District Court Decision 2007Do3630 Decided April 11, 2008

June 26, 2008

The appeal is dismissed.

The grounds of appeal are examined.

In a case where the purpose of the fund is strictly limited to an organization, the use of the fund for any purpose other than its original purpose is for the organization, even if it is for that organization, and thus, it cannot be denied the intention of unlawful acquisition by realizing the intention of unlawful acquisition (Supreme Court Decision 1989 delivered on September 19, 198).

10. Supreme Court Decision 87Do1901 Decided October 10, 199; Supreme Court Decision 92Do1915 Decided October 27, 1992; Supreme Court Decision 2007

2. As shown in the facts duly established by the court below, the defendant, the head of the Korea Pharmaceutical Association's branch office of the incorporated association, did not pay part of the funds collected from pharmacists belonging to the Seoul Pharmaceutical Association in accordance with the direction of the Korean Pharmaceutical Association on the explosion accident in the North Yongcheoncheon area, and used them as operating expenses, etc. of the Seoul Metropolitan Government Branch while keeping them in custody without paying it to the Korean Pharmaceutical Association on some of the funds collected from pharmacists belonging to the Seoul Metropolitan Government Branch's branch office in accordance with the direction of the Korean Pharmaceutical Association on the North Yongcheon area, the act of using them as operating expenses,

In the same purport, the court below is just in finding the defendant guilty of the facts constituting the crime, and there is no violation of the rules of evidence, any violation of the facts charged, any violation of the rules of evidence, any modification of indictment, or any misapprehension of the legal principles as to the intent of embezzlement

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Hwang-sik

Justices Kim Young-young

Justices Lee Hong-hoon

Jeju High Court Justice Ahn Dai-hee