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(영문) 의정부지방법원 2014.06.13 2014노177
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the result of the meeting of the management committee of the apartment physical training room, the defendant's act of the defendant is not a crime of occupational embezzlement, but a mistake of facts is erroneous in the misapprehension of the legal principle against the defendant. The defendant's act is not a crime of occupational embezzlement.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. The following circumstances can be acknowledged by the evidence duly adopted and examined by the court below on the assertion of mistake of facts. ① The defendant, as a member of the Steering Committee of the Steering Committee of the Apartment Fitness Room, was in charge of purchasing several purchases from its members with D's delegations. ② The defendant, however, considered D's purchase of several items to D's 5,00 won per head, and was in charge of managing the Operation Fund of the Solid Fitness Room, and was in fact paid KRW 1,50,000 for 3,50 won per head, and paid only 1,050,000 won per head, and the defendant, as a member of the Management Committee of the Apartment Fitness Room, was in charge of purchasing several items under the name of "G"; ③ The defendant, from the above company operated by the defendant, prepared a purchase list of items 1,50,000 won per head, and then, prepared a purchase list of items 1,500,000 won, which could not be delegated to the management office.

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