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(영문) 전주지방법원 2015.12.17 2015고단1474

업무상횡령

Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged is the person who works as the president of the International Association (hereinafter “Association”) from July 1, 2014 to be in charge of the affairs of the union. Defendant B is a person who works as a director of the union from July 1, 2014 to be in charge of financial affairs, such as deposit and withdrawal of union fees. Defendant D is from around July 1, 2014 to be in charge of the same year.

8. A person who served as a director of a union from July 1, 2014 to October 1, 201, and Defendant C is a person who served as an auditor of a union from July 1, 2014 to October 1.

At the time of September 2013, the Defendants: (a) formed a single committee for the representatives of association (hereinafter referred to as the “Committee”) with 186 members among the 416 members of the entire association; (b) used 5,844,000 won in total as the expenses for the activities of the Committee; (c) received demand from some of the members of the association who participated in the special meeting of the Association to return the money that he/she collected from the committee as the expenses for the activities of the Committee; and (d) on August 2014, the Defendants conspired to return the money that he/she collected to the committee as the expenses for the activities of the Association, after being elected as the executives of the association through the special meeting of the Association.

around August 8, 2014, the Defendants deposited KRW 60 million into the Agricultural Cooperative Account in the name of the Defendant, following the resolution of the board of directors of the Union while they kept 214,862,840,000 in the National Bank Account in the name of the Defendant for the victim in the course of performing their duties at the office of the Association in Yong-gu, YY-gu, Jeonju-si.

9.1. At around December of the same year, L paid KRW 200,000 to L, from that time, from that time to December of the same year, the sum of KRW 57,214,640 was paid to 181 members of the commission, as indicated in the annexed crime list.

Accordingly, the Defendants conspired and embezzled 57,214,640 won owned by the victim at will.

2. Determinations are found to be based on each evidence duly adopted and examined by this Court.