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The defendant shall be innocent.
Reasons
1. The Defendant, from around 1981, has been engaged in the worship, operation, and fund management of the above church as a pastor of the victim F church E belonging to Guro-gu Seoul Metropolitan Council E (hereinafter “instant church”).
On January 10, 206, the Defendant used the above church funds by transferring the Defendant’s health premiums of KRW 139,580 from the above church to the account managed by the National Health Insurance Corporation in the name of Korea foreign exchange bank (Account Number G) in the above church for the said church, and used the above church funds for the purpose of transferring the Defendant’s health premiums of KRW 139,580 from the above church to the account managed by the National Health Insurance Corporation. From that time to August 5, 2015, the Defendant arbitrarily consumed KRW 95,126,670 in total over 285 times, such as health premiums, apartment management fees, property taxes, automobile taxes, personal insurance premiums, etc. by the same method as from August 5, 2015.
Accordingly, the defendant embezzled the victim's property.
2. Determination:
A. The articles of association of the church of this case stipulated in the articles of association of the church of this case shall be "the finances of this church shall be the contributions of the members, the properties of the organizations to which the members belong and the properties of the church that are donated to the members and the properties of the church (Article 16). All the finances of the church shall be executed by the compiled budget.
However, in an urgent case, it is only prescribed that it shall be carried out through the resolution of the party council and shall be reported to the removed council after the resolution of the party council (Article 18(1)), and shall be ratified (Article 18(1)), and there is no provision that limits or prohibits the use of the church finance for a specific purpose.
B. According to the results of inquiries into the facts about the situation of other churches E, whether to provide housing management expenses, property tax, automobile tax, health insurance, etc. for pastors can be determined by individual churches, and most of the churches belonging to the KOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO