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(영문) 의정부지방법원 2017.11.30 2017노2457
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. On May 13, 2015, from H’s summary of the grounds for appeal, KRW 10 million, which was remitted to the Defendant (hereinafter “the instant money”) was remitted to the Defendant’s personal account, not to the account of the victim association.

In addition, the defendant has borne all the expenses incurred in the course of performing the duties of the victim association, and there was a consulting agreement that the defendant would receive a certain percentage of the proceeds from the sale of the shares in the land from the members of the association as a fee.

Therefore, the money of this case is reverted to the defendant who is not the victim union.

Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous.

2. The judgment of the court below also asserted the same purport as the argument of the above grounds for appeal.

In full view of the circumstances in its holding, the lower court rejected the Defendant’s assertion that the instant money was not the money reverted to the Defendant’s individual but the money reverted to the Victim’s Association.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error of misapprehending the facts and affecting the conclusion of the judgment.

Therefore, the defendant's assertion of facts is without merit.

(a) The president of the victims' association;

According to the I’s statement, H told the Defendant to the effect that “the Defendant paid the instant money to the members of the association for meal expenses” by sending the instant money to the Defendant and communicating the Defendant at the time when the instant money was transferred to the extent of its frame (the 62th page of the record of trial). In addition, the Defendant also made a statement to the same effect as H around that time.

The Defendant stated (62, 71th page of the record of trial). The Defendant also paid the instant money to I at the investigation stage, and H.

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