2015 Highest 4114 Occupational embezzlement

A person shall be appointed.

Seoul Metropolitan Government Housing Guro

Seoul Reference domicile

Freeboard (Lawsuits) and Kim Training (Trial)

Law Firm

Attorney in charge

April 27, 2016

The defendant shall be innocent.

1. Facts charged;

The defendant, from around 1981, has been engaged in the worship, operation, and fund management of the above church as a member of the victim B church (hereinafter referred to as the "the church of this case") located in Guro-gu in Guro-gu, Seoul.

On January 10, 206, the Defendant deposited the contributions, etc. received from the believers of the above church to the foreign exchange bank account (C) account under the name of the above church and used the above church funds by transferring the Defendant’s health insurance premiums of KRW 139,580 from the above account to the account managed by the National Health Insurance Corporation from the above account, and used the above church funds by the same method until August 5, 2015, as shown in the attached Table 1 through 5 in the same manner until August 5, 2015, the Defendant arbitrarily consumed the total amount of KRW 95,126,670 for 285 times in total, such as health insurance premiums, apartment management fees, property tax, automobile tax, personal insurance premiums, etc.

Accordingly, the defendant embezzled the victim's property.

2. Determination

A. The articles of association of the church of this case provide for the articles of association of the church of this case that "the resolution of the church of this case" shall be the money of the members, the property of the organizations to which the members belong, and the property created by the church (Article 16). All the finances of the church shall be executed by the budget organized: Provided, That in an urgent case, it shall be conducted through the resolution of the church and after the resolution of the church, and shall be reported to the separation council and confirmed (Article 18(1)), and there is no provision that limits or prohibits the use of church finances for specific purposes (Article 214 of the investigation records).

B. According to the results of the fact-finding on the situation of other churches, each fact-finding on the Korea Egymnas Association and the Korea Egymnas Association, each church may determine whether to provide housing management expenses, property tax, automobile tax, health insurance premiums, etc. for pastors. In most cases, most of the churches belonging to the Korea Egymnas Association are supported with company house interest expenses, property tax, automobile tax, health insurance premiums, etc. to pastors, and it does not violate the Constitution of the Korea Egymnas Association.

C. Determination

According to the above articles of association and fact-finding, since the church of this case can pay the defendant, who is a standing pastor, the company housing management expenses, etc. in addition to the payment, after obtaining approval from the members and budgets, it cannot be readily concluded that the defendant embezzled the money of this case only because the money of this case was used for the defendant's health insurance premiums, apartment management expenses, property tax, automobile tax, and personal examination fees, and it shall be proved that the expenditure was made against the will of the members without approval from the members.

Comprehensively taking account of the statements in D, E's investigation agency and court, witness F's legal statement, each statement in 1, 5, 6, 7, and 9, which was the head of the church of this case, the court of the present church of this case prepared the annual settlement of accounts every year and obtained approval from the joint conference of the members for the pertinent year and the next year, and the defendant's health insurance premiums, apartment management fees, property tax, automobile tax, and personal insurance premiums included in the items of "public section expenses, vehicle management expenses, company house management expenses, and long-term bank installment savings" in the separate and settlement of accounts and approved by the members.

However, at the joint meeting, D and E comprehensively informed the members of the church without explaining the detailed matters with regard to the details of the church. While raising an objection, they could not raise any objection because they were removed from the church, it is difficult to recognize that the defendant embezzled money against the defendant and the E's present statement alone is not sufficient evidence to acknowledge that the defendant embezzled money against the will of the members, even though most of the churches belonging to the Korea Egyptian Association subsidized the management expenses of the company house, property tax, automobile tax, health insurance, etc. in addition to the benefits from the church, and even though the defendant's health insurance premiums have been paid for ten years after being expelled from the church of this case after being expelled from the church of this case around September 2014, before filing the complaint of this case, until the removal of the church of this case from the church of this case, and until any person was well aware of the church finance as well as the general members, even though no investigation was conducted against the members of this case.

3. Conclusion

Thus, since the facts charged in this case constitute a case where there is no proof of crime, it is decided as per the disposition that acquitted under the latter part of Article 325 of the Criminal Procedure Act.

Judges Haba-in

A person shall be appointed.