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(영문) 창원지방법원 2013.07.18 2013노687
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, as the head of a fishing village fraternity, appeared at the police station for the purpose of explaining a true case in which a compromise was raised in connection with the collection of the village fishing village fraternity, and during that process, he used public funds for public duties as the head of a fishing village fraternity. However, the lower court found the Defendant to have embezzled public funds for personal purposes and sentenced the Defendant guilty of the charge of occupational embezzlement. Thus, the lower court erred by misapprehending the legal doctrine on the crime of occupational embezzlement or embezzlement in the part of the lower judgment, which affected the conclusion of the judgment.

2. The judgment of the court below and the defense counsel of the court below made the same assertion as the reasons for appeal of this case, and the court below rejected the above assertion in detail with the argument of the defendant and the defense counsel in the judgment of the court below under the title "the judgment of the defendant and the defense counsel". The above judgment of the court below is just and it is not erroneous in the misunderstanding of facts or in the misunderstanding of legal principles as to occupational embezzlement, which affected the conclusion of the judgment.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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