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Defendants are innocent.
Reasons
1. The summary of the facts charged is from January 25, 2010 to Defendant A, the president of the FF association located in Daejeon Jung-gu, Daejeon, approved and supervised the operation and disbursement of the public funds of the said association. Defendant B had been working in the said association from December 1, 1985, while performing duties such as operation and disbursement of the said public funds from around 1999.
On May 27, 2010, the board of directors of the above association held on May 27, 2010 passed a resolution to disburse 600,000 won for each participant in education and training from the public funds of the above association for the expenses of overseas training of the union members. Since the aforementioned number of participants in overseas training in Vietnam was determined to be 16 persons, the limit of the amount to be disbursed from the public funds of the association was limited to 9.6 million won.
However, from June 17, 2010 to June 24, 2010, the Defendants conspired and embezzled KRW 5,500,000,000,000 for consumption of the difference by remitting or withdrawing in cash from the NA G account under the name of Defendant A, which is the public fund storage account of the said cooperative, to the persons related to the travel company, at will four times in terms of the above overseas training expenses.
2. Determination
A. The money entrusted with the purpose and purpose is reserved by the truster until it is used for a specified purpose and purpose. In particular, if the specific nature of the money is not required, the trustee may temporarily use it in a situation where it can be replaced by another money at the necessary time without going against the purpose of the entrustment. It cannot be deemed that the crime of embezzlement is established only when the trustee consumes it for another purpose in violation of the purport of the entrustment.
B. (Supreme Court Decision 2002Do2939 Delivered on October 11, 2002).
The following facts are acknowledged according to the Defendants’ partial statement in court, the prosecutor and the evidence submitted by the Defendant.
1 The budget bill of 2010,000 won for overseas training was organized in 20,000.
In May 27, 2010, the above board of directors of the union held on May 27, 2010.