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(영문) 춘천지방법원 강릉지원 2015.04.16 2015노11
업무상횡령등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles as stated in the judgment of the court below, Defendant 1 found Defendant 1 guilty of this part of the facts charged on the ground that the remodeling construction cost, and the cost of purchasing various house fixtures and fixtures, which the Defendant disbursed to provide the E University Main Building No. 208 as the chairperson's office of school foundation D, fall under the expenses directly necessary for the above school education, constitutes an error of misunderstanding of facts and misunderstanding of legal principles. 2) Punishment of unfair sentencing (one million won

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The Defendant asserted the mistake of facts and misapprehension of legal principles by the lower court also asserted the same as the grounds for appeal in this part.

However, the court below rejected the above assertion on the ground that each of the above expenses cannot be deemed directly necessary for education of the above university, in light of the purpose and purpose of the president's office in which remodeling construction was performed, the scale, amount, details, etc. of the funds disbursed as the use of remodeling construction expenses, housing construction expenses, and equipment purchase expenses.

In comparison with the above judgment of the court below, a thorough examination is recognized as legitimate, and there is no error of mistake of facts or misapprehension of legal principles as alleged by the defendant.

Therefore, this part of the defendant's argument is without merit.

B. The legitimacy of each of the instant embezzlements by the Defendant and the prosecutor’s assertion of unfair sentencing is not significant. However, there is no benefit to the Defendant individually through each of the instant offenses. The Defendant has long been sentenced to a fine due to a violation of the former Road Traffic Act, and there is no criminal force other than the fine. The motive, background, means, and consequence of each of the instant offenses.

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