(영문) 부산지방법원 2015.07.17 2014노2835 | 리걸엔진

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(영문) 부산지방법원 2015.07.17 2014노2835

업무상횡령등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (1) misunderstanding of facts (the point of occupational embezzlement) committed by the Defendant from I (hereinafter “the Federation of this case”), even if money with the character of so-called “satisfy expenditure” is specific for the purpose of using it for the Association by nature, such as where the expenses for improving the system, etc., received from I (hereinafter “the Federation of this case”) do not have specific restrictions on its use or purpose, and thus, if the Defendant used it in personal repayment, etc., then the Defendant constitutes the crime of occupational embezzlement, but the lower court found the Defendant not guilty of each of the

(2) The sentence of a fine of KRW 7 million imposed by the lower court on the Defendant is too uneased and unreasonable.

B. Defendant (1) misunderstanding of facts (1) (the point of occupational breach of trust) (hereinafter “instant association”) passed a resolution of the board of directors to grant a loan to its members as a security to the association fund, but thereafter, the board of directors amended the resolution to allow the union members to provide a loan without a vehicle security on the responsibility of the president. Even if such resolution is not explicitly acknowledged, the board of directors can sufficiently recognize that the act of the Defendant, the president who carried out a vehicle-free loan, was ratified ex post facto, and thus, the court below erred in misunderstanding of facts, which found the guilty, notwithstanding the innocence of each of the facts charged in the instant case.

(2) The sentence of a fine of KRW 7 million imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. (1) The summary of this part of the facts charged is that the Defendant held office as the president of the instant association located in D from February 1, 2007 to January 31, 2013 and took overall charge of the affairs of the said association.

around September 27, 2011, the Defendant of occupational embezzlement on or around September 201.

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