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(영문) 대전지방법원 2015.09.16 2015노1615
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and one year of suspended execution) of the lower court’s sentence against the Defendant is deemed to be too uneasible and unfair.

2. Where ex officio determination is made, if the legal interest of damage is a single, the pattern of crime is the same, and a series of acts resulting from the realization of a single criminal intent is deemed to be a series of acts due to the realization of a single criminal intent, a single crime is established.

(2) On February 12, 2009, each of the crimes of this case can be deemed to be identical because the defendant arbitrarily consumeds the money that was kept in the course of performing financial transaction and tax payment as a general member of the victim's clan from January 1, 2007 to June 201, the defendant committed each of the crimes of this case while engaging in the financial affairs of the above clan. The victim was all of the above clans, and the defendant was paid the capital gains tax under the name of paying the capital gains tax, and the defendant was arbitrarily consumed the remaining money without paying or paying the capital gains tax, and the defendant was returned to the termination of the contract of the real estate. Since the money kept in the course of performing financial transaction and tax payment as a member of the clans, it can be deemed that the attitude of each of the crimes of this case is identical, and the defendant was in charge of financial affairs of the clans from January 1, 2007 to June 20, 201 to reported each of the new crimes of this case to the general meeting of this case.

Nevertheless, the court below held each of the instant cases.

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