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(영문) 수원지방법원 2015.11.19 2015노2614
횡령등
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was elected as the president of the Gyeonggi-do Federation of Korea Postal Councils (hereinafter “the instant natives Association”) and paid KRW 60 million as the development fund in order to maintain the said president’s position. The Defendant paid money by means of borrowing KRW 50 million from auditor D of the instant natives Association due to the shortage of KRW 50 million at the time.

Since then, the Defendant received a copy of the contents of the passbook entry in D’s name stating the deposit amount of KRW 50 million from D (the original copy of the passbook entry in question was deposited in KRW 50 million, and on that day, the said money was deposited in the original copy of the passbook entry in question, but the above copy appears to remain as it remains as it remains). The Defendant presented to the effect that he paid the above development fund to the participants at the extraordinary meeting of the local meeting of the native folks meeting held thereafter, and the Defendant did not arbitrarily display the part of the original copy of the passbook entry in question, such as the charge, which was deposited in KRW 50 million.

It is not the use of a copy of the original passbook.

B. As above, the Defendant was elected as the president of the instant natives Association, and around that time, the victim H was also elected as the president of the Korea Federation of Do natives. At the time, the Defendant received 3 million won from the victim to encourage the Defendant to be elected as the president, and the Defendant did not receive 30 million won from the victim, as stated in the facts charged, for the Defendant to pay 100,000 won to the said president by dividing 30 of the chairperson of the Si/Gun natives Association affiliated with the Gyeonggi-do regional natives Association into the transportation cost to attend the victim’s appointment ceremony

2. The judgment of the court below contains the same assertion as the above reasons for appeal, and the court below is the defendant in the judgment of the court.

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