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(영문) 대전지방법원 2015.04.16 2014노1334
사인부정사용등
Text

The part of the judgment of the court of first instance excluding the compensation order and the part of the judgment of the court of second instance (excluding the portion of acquittal) shall be reversed.

Reasons

1. The second instance court rendered a not-guilty verdict on the charge of occupational embezzlement among the facts charged against the Defendants and rendered a not-guilty verdict in its order.

Since the prosecutor did not appeal against the judgment of the court of second instance and the above acquittal became final and conclusive as it is, the scope of trial against the judgment of the court of second instance shall be limited to the conviction.

2. Summary of grounds for appeal;

A. Defendants 1) against the lower judgment of the first instance court (with respect to the portion of unlawful use and unlawful use of the seal), Defendant A was entitled to use the seal of the head of G fishing village fraternity in the process of election of the head of G fishing village fraternity and representatives conducted on May 16, 2012, inasmuch as Defendant A was elected as a temporary chief of the G fishing village fraternity and the chairperson of the G fishing village fraternity at the general meeting of Ansan-do Fisheries Cooperatives G fishing village fraternity (hereinafter “G fishing village fraternity”) on April 5, 2012 and was authorized to act on behalf of the head of G fishing village fraternity.

B) The Defendants had the right and responsibility to use the office of fishing village fraternity and keep the account book in order to normally hand over the business of the G fishing village fraternity to the victim AG newly elected as the chairperson of the G fishing village fraternity Emergency Countermeasure Committee or an executive secretary, and there was a difference in opinions on the settlement of accounts, etc. The Defendants delayed the submission of the account book and the office of the victim as a result of legal disputes, and there was no intention to interfere with the business of the victim AG. (2) The unfair sentencing sentence of the lower court (Defendant A: the second judgment of the lower court), which was sentenced to imprisonment for 6 months, 1 year, 2013, 1035, 105, 2013, 2013, 2013, 2013, 351, 2013, 351, 41, 1 year and 6 months, 3 years of suspended execution, 2 years of imprisonment, 1 year and 1 year of suspended execution).

B. Public prosecutor (the judgment of the court of first instance on the grounds of unfair sentencing).

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