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(영문) 부산지방법원 2015.01.08 2014노3863
업무상횡령
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of legal principles, since the defendant, who argued the misunderstanding of facts, obtained prior consent from female members while borrowing money from female members.

B. Even if the Defendant was found guilty of an unreasonable sentencing, the lower court’s punishment (fine of KRW 700,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant may fully recognize the fact that he/she embezzled by using money from the female members without the consent of the entire members of the female members.

① According to the statements of the witnesses who attended the court below as witnesses as members of the Women’s Association at the time of the instant case, it appears that the Defendant used the money of the Women’s Association over five occasions and expressed the facts of use to E who was the president at the time. However, the rest of the witnesses did not answer somewhat clearly as to whether prior consent was given. Therefore, they did not obtain the consent of all the members of the Women’s Association once.

② After the commission of the instant crime, the Defendant was discovered and signed by the members of the Women’s Association, and the Defendant was used for several months permitted by the Chairperson due to urgent circumstances while working for the Women’s Association in 2008, and deposited it in the passbook. Members were unaware of and used by them, the Assembly reported this fact to the Chairperson and its members and concluded consultations at the Assembly.

‘The content' is written.

Therefore, the defendant's assertion of mistake is without merit.

B. The fact that the Defendant’s decision on the assertion of unfair sentencing appears to have not made substantial damage by paying all the money arbitrarily used within a prompt time, and that female members do not want punishment against the Defendant, and the complainants I do not want to do so.

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