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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Regarding the crime No. 3 and No. 4 of the crime No. 2 of the crime committed in the judgment of the court below as stated in the judgment below, the money transferred to the administrator of the Dispute Resolution Co., Ltd. and L is paid in order to produce answer items to the support companies of the victim Association D (hereinafter “victim Association”) which is a victim’s association, and its expenses constitute the operating expenses of the victim association. In addition, the defendant only remitted the money as above in accordance with the victim Association president E’s order at the time. Thus, the defendant did not have the intent of embezzlement.
Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, two years of suspended sentence) is too unreasonable.
2. Determination
A. 1) The lower court also asserted the same purport as the grounds for appeal.
① The court below held that the use of funds from others for purposes other than the limited purpose is derived from the personal purpose of the commission of funds strictly limited purpose. As a result, even if the entrusted principal is above the entrusted principal, the act of use itself constitutes embezzlement by realizing the intent of unlawful acquisition (see, e.g., Supreme Court Decision 2011Do1080, Nov. 28, 2013). ② However, the funds deposited into the exclusive account (National BankJ) in the name of the victim association and the exclusive account for the commission expenses (National Bank I) are limited to the use of the funds by subcommittees and the expenses for the operation of the victim association. ③ In the case of E’s photographic seal and the amount production expenses of E president, the prosecutor’s office “this is spent by E in selling personal pictures to the victim related to the Association.”