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(영문) 광주지방법원 2018.10.25 2017노963
횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Embezzlement 1) The Defendant used the instant cyber money to send letters to its members while engaging in the activities of the Victim C Association Emergency Countermeasures Committee. Therefore, there was no intention to acquire unlawful information.

2) As to the intrusion of a structure and obstruction of business, the Defendant did not have been dismissed from the C Association (hereinafter “instant Association”), and thus, was duly admitted to the said Association’s office. Rather, the victim G was dismissed from the president, thereby preventing him from entering the office, and does not interfere with the victim’s business.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding embezzlement, namely, the Defendant from March 15, 2016 to the same year:

4. By December, 12, the victim association cyber money owned by the defendant was used to send letters to the emergency response committee established at will by the defendant. However, the above emergency response committee is not a regular organization of the victim association at the time of its formation, and there is no ground for the provisions of its articles of association, etc., and there is no consent of the chairperson of the victim association, the operating committee, or all members of the association. In addition, when considering the fact that the emergency response committee is newly stipulated in the articles of association at the extraordinary general meeting convened by the victim association, the defendant embezzleds cyber money of the victim association with the intent

Recognized.

This part of the defendant's assertion is without merit.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the intrusion of a structure and obstruction of business, namely, ① the Defendant had been suffering from the dispute due to the issue of wages and the operation of the association with the victim, who was the president of the instant association, before that time, and notified the victim of the dismissal on February 15, 2016.

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