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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. Summary of grounds for appeal;
A. In the case of Nos. 2, 2, 3, 2015, the Defendant transferred each of the above annual amounts to the Defendant’s personal deposit account from the deposit account of the victim association to the Defendant’s personal deposit account in order to receive his own benefits and bonuses from the victim CHousing Reconstruction Project Association (hereinafter “victim Association”) from August 2, 2015 to December 2, 2015. In the case of 1, 3, 2015, the Defendant transferred each of the above annual amounts to the Defendant’s personal deposit account from the bank account of the victim association to the Defendant’s personal deposit account. Thus, the Defendant did not have any intent to obtain unlawful gains from each of the above amounts.
B. The lower court’s imprisonment (ten months of imprisonment) against the Defendant is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. Of the facts charged of occupational embezzlement, the Defendant is a person who, from October 2, 2014 to October 31, 2018, was in charge of general affairs, such as the selection of a contractor for reconstruction of apartment units of the victim association and the management of funds for the reconstruction of apartment units of the victim association, the Defendant was a person who was in charge of general affairs from around October 2, 2014 to around October 31, 2018.
Around August 5, 2016, the Defendant received KRW 100,000,00 from D as a bid bond and kept it for the victim union for business purposes. On or around the 23th of the same month, the Defendant transferred KRW 9,656,50 to the Defendant’s personal account (E:F) for the purpose of offsetting the expenses that he/she used for the victim union without going through the resolution of the general meeting without going through the resolution of the general meeting, and used at will from around that time to November 16, 2016, three times in total as shown in the list of crimes.