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(영문) 서울동부지방법원 2018.05.17 2017노1748
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is the chairperson of the party branch of the interest of the E church, who has the authority to execute the church fund, and there was a co-processing intent and control over the defendant with respect to the crime of embezzlement of D;

The judgment of the court below which found the defendant guilty of the facts charged of this case can not be said to be correct, and there is an error of law by misunderstanding legal principles and misunderstanding of facts.

2. The Defendant also asserted the above facts in the lower court, and the lower court found the Defendant guilty of the instant charges on the ground that the Defendant recognized a joint processing intent and functional control over D’s embezzlement crime, and that the intent of unlawful acquisition was also recognized, by taking account of the circumstances acknowledged based on the evidence duly admitted and investigated by the lower court.

According to the evidence submitted by the defendant, he is entrusted with the chairperson of the Steering Committee as the president of the party branch, and regular meetings of the Steering Committee are deemed to have been convened by the president of the party branch, but a thorough comparison with the above judgment of the court below is justified. The judgment of the court below is justified. The above circumstance asserted by the defendant is erroneous in the misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

subsection (b) of this section.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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