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(영문) 수원지방법원 2014.08.27 2014고정766
횡령
Text

The defendant shall be innocent.

Reasons

1. The Defendant, from August 2009 to August 1, 2009, is a person who keeps and manages public funds of the above women's women's association as the president of the Saemaeul Women's Association in Yongsan-si.

A. On August 8, 2011, the facts indicate that “50,000 won was disbursed” in the statement of revenues and expenditures of the Women’s Association in the statement of revenues and expenditures, even though D did not go to an illness or paid 50,000 won for consolation benefits, and that 50,000 won was paid for women’s public funds;

B. On May 17, 2012, at the Women’s Society, E did not enter 200,000 won of support payments paid to F, a general secretary of the Women’s Society, in the specifications of importation, but instead embezzled 250,000 won of public funds for women’s association for private consumption and twice, respectively.

2. The defendant and his defense counsel's assertion

A. On August 8, 2011, the Defendant paid KRW 50,000 directly before D’s house as consolation money for his/her father-child with D around D’s house.

B. There is no evidence suggesting that the F delivers 200,000 won of the support payments received from E on May 17, 2012 to the Defendant.

Even if it is recognized that the Defendant received the above support payment of KRW 200,000,000, it was not strictly limited to the use of female earnings. However, it should not be presumed that there was an intention of unlawful acquisition solely on the ground that the Defendant did not properly explain the place of use.

3. Determination

A. Each statement at the investigative agency and this court that there was no 50,000 won consolation money from the Defendant was hospitalized at the hospital around August 8, 2011, and each statement at the investigative agency and this court that there was no 50,000 won consolation money from the Defendant was embezzled on or around August 8, 2011 is difficult to believe in light of the following circumstances, and there is no other evidence to prove that the Defendant embezzled 50,00 won consolation money.

① Around June 2011, D was suffering from a sudden accident. Around July 2, 2011, D began to be treated as a scopic scopical salt base, and received treatment from a hospital by October 4, 201, after it began to be treated as a scopic scopical salt base.

② The foregoing female conference is referred to as “D. Report on August 8, 2011.”

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