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(영문) 인천지방법원 2017.11.30 2017고합247

업무상횡령등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months.

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

Reasons

Criminal History (Defendant A)

1. From February 1, 2005 to October 29, 2015, the Defendant, as the chairperson of the victim “H trade union” located in the F building G heading in Gwanak-gu, Seoul Special Metropolitan City, took overall charge of the above trade union’s duties and was engaged in managing the operating expenses of the trade union.

On December 6, 2012, the Defendant deposited KRW 6,00,000 from the above trade union operating expenses to I who is an employee in charge of the above trade union at the above trade union office, and ordered I to deposit KRW 1,00,000,000 in the J regular gold account under the name of the Defendant J regular Bank (K). At around 11:06 of the same day, I deposited KRW 6,00,000 among them to the above J regular bank deposit account under the name of the Defendant, and deposited KRW 1,00,000 in the above J regular bank deposit account under the name of the Defendant, from around that time to April 2, 2014, and deposited KRW 230,000 in the Defendant’s personal account for the same purpose.

Accordingly, the defendant embezzled the victim's property.

2. On February 1, 2005, from around October 29, 2015 to around October 29, 2015, the Defendant in breach of occupational trust took overall charge of the above trade union’s duties as the chairperson of the HP trade union located in the subparagraph of F building G in Seoul Special Metropolitan City, and was engaged in the business of recommending scholarship recipients to the Foundation M, a foundation to which the said trade union belongs.

According to the scholarship payment rules of the above scholarship foundation, among the members of M-affiliated trade unions, former union members, workers, and their children who attend a middle school or higher school, they are difficult to continue their studies due to economic reasons or students with excellent academic achievements, and are limited to the students recommended by the representative of the relevant trade union.

Nevertheless, the Defendant’s above trade union around April 12, 2010.