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(영문) 서울중앙지방법원 2014.01.16 2013노3880
업무상횡령
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. Summary of grounds for appeal;

A. (1) Since the police investigation of Defendant (1) misunderstanding of facts and misunderstanding of legal principles on Defendant 3, the president of an incorporated association C (hereinafter “Association”), was likely to cause a threat to finding the Defendant as the president of the incorporated association, it is considered that it should take action at the Association level. Accordingly, the Defendant was consulted with the board of directors’ resolution on the payment of attorney fees, that “it is a matter at the association level, and must take action at the expense of the Association,” and that “the attorney fees should be paid at the time of the payment of attorney fees to the Association,” and that it was not clear whether there was a legal problem in the account of the Association’s “provisional payment” (which is merely treated as an “Advance payment” under the accounting regulations according to the advice of the accountant. In light of the fact that advance payment or “provisional payment” was made later, the Defendant did not have criminal intent of embezzlement, and that the act recorded in the facts charged was not a crime. Therefore, there is justifiable reason to believe that the Defendant was not a crime.

(2) The lower court’s sentencing of an unreasonable sentencing (the amount of KRW 500,000 of a fine) is too unreasonable.

B. The lower court’s sentencing of the prosecutor (e.g., e., e., e., e., t

2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant

A. As a matter of principle, attorney appointment fees, which can be paid at a cost of an organization, are limited to cases where the organization itself becomes a party to a lawsuit, attorney fees for civil and criminal cases which become a representative of an organization cannot be disbursed at the expense of an organization. exceptional interests in disputes exist in an organization, but an individual who is in the position of the representative for legal reasons becomes a party to a lawsuit

or representative is the duty act lawfully done for the organization or the status of representative.

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