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(영문) 서울중앙지방법원 2015.01.22 2014노3283
업무상횡령등
Text

The judgment below

The guilty portion shall be reversed.

Of the facts charged in the instant case, embezzlement of KRW 400 million of the Scholarship Fund is a point of view.

Reasons

1. Summary of grounds for appeal;

A. Defendant (definite mistake, guilty part) cannot be deemed to have been strictly limited in the use of the scholarship fund of this case, and lending of the fund is merely a refund for the efficient operation of the fund, and this was made for the benefit of the religious order according to the general assembly and the decision of the board of directors. Thus, Defendant did not intend to acquire unlawful profits from embezzlement.

B. According to the evidence of this case, the prosecutor 1 found the Defendant guilty of the embezzlement of 10,200,000 won of public funds in the religious order, the concealment of documents, alteration of private documents and the exercise thereof. However, the lower court erred by misapprehending the facts and acquitted all of them. 2) The lower court’s sentencing of unfair sentencing (the suspended sentence of imprisonment for six months) is too uneasible and unfair.

2. Determination on the grounds for appeal

A. The summary of the facts charged in this part of the facts charged by the defendant 1 is that the defendant was elected from the above religious order to the general secretary around May 25, 201, as a pastor belonging to the Ecom Association, around May 25, 2011.

7. 8. From around August, as a general secretary of the E-Korean society, a person who operates and manages the above religious order, such as budget execution and personnel affairs;

On November 3, 2011, the Defendant: (a) at the headquarters of the above Egypt Association; (b) at the budget of the religious order, the Scholarship Fund belongs to the special purpose account and could not be used for any purpose other than the scholarship; (c) did not obtain approval from the religious order scholarship committee and the general meeting meetings; (d) had F, the accounting staff of the headquarters of the general assembly enter into a contract to lend KRW 400 million out of the religious order scholarship funds kept in business with the “G Jeondo Memorial Memorial Memorial Memorial Foundation Establishment Promotion Committee”; and (d) paid KRW 400 million to the above promotion committee for the purpose of loans, and embezzled them.

2. The lower court’s judgment did not explicitly restrict the use of the scholarship fund for other funds in the rules of the overseas scholarship association, but did not limit the use of the scholarship fund for other funds.

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