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(영문) 전주지방법원 군산지원 2018.07.18 2018고단326

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who was employed in around 200 as a member of the around September 10, 200 to December 31, 2013, was in office as the president of the headquarters of the Victim Chemical Textiles Industry Trade Union B from around September 10, 209 to around December 31, 2013 and was in general in charge of the operation of the above trade union.

On April 12, 2010, the Defendant: (a) deposited the victim’s union expenses of KRW 40 million in the National Bank’s account in the name of the Defendant’s name; (b) terminated the said national bank’s account on the same day; (c) arbitrarily used it for personal purposes, such as personal debt repayment and living expenses; and (d) arbitrarily released the union expenses of KRW 83,536,813 on four occasions in total, as indicated in the list of offenses in the attached Table; and (c) arbitrarily used it for personal purposes, such as personal debt repayment and living expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. An investigation report (related to the submission of a statement of criminal A financial transactions ) - The former North Bank account, post account, each national bank account, one bank account, confirmation document, investigation report (Submission of calculation data relating to embezzlement) - The details of reorganization, the application of the law governing the filing of a complaint;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommended punishment] Type 1 (less than 100 million won) basic area (in April to January 1) / [decision of sentence] Defendant is a representative of the victim and embezzlement of union expenses is a bad nature of crime.

The actual amount of damage recovery is merely 20 million won, and the remainder is not actually recovered.

This is disadvantageous to this point.

(b).