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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The instant money of erroneous determination of facts is money of a nature that is not appropriated in the budget of the Association (hereinafter “Association”) but is money of a non-specified nature for the Association’s sake at the discretion of the Defendant, the president of the Association, since it is not specified. Since the Defendant withdraws the money and used it for the purchase cost of gift sending a name-saving gift to various persons under the name of the president of the Association, the Defendant did not have any intent to acquire the said money.
B. The lower court’s sentence of unreasonable sentencing (three million won of a fine) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. In order for embezzlement to be recognized, the intent of the custodian of another’s property to dispose of the property as his own property without authority is recognized, and this does not change if the custodian of the company’s secret funds uses the company’s secret funds.
On the other hand, with respect to the use of non-financial funds, whether the main purpose of the use of non-financial funds can be deemed to be for the personal purpose of the defendant, or whether the existence of the intention of illegal acquisition can be recognized, by comprehensively taking into account the timing, circumstances, results, etc. of the use of the funds.
Furthermore, in a case where the defendant denies the existence of an intent of unlawful acquisition by asserting that he/she had withdrawn and used the company’s non-financial funds on behalf of the defendant while recognizing the fact that he/she used the company’s non-financial funds, the defendant used the non-financial funds including whether it is reasonable for the company to bear the expenses ordinarily incurred in the course of the company’s operation, and whether the decision on the specific period of use of the non-financial funds, object, scope, amount, etc. was made objectively and reasonably.