업무상횡령등
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant, from September 201 to August 2014, 201, was the 10th chairperson of the Victim C trade union located in the 9th floor of the Seoul Jung-gu B building B in Seoul, Jung-gu, and D, as the 10th secretary of the Victim Union during the same period, has overall control over all the tasks such as wages of employees of the Victim Union, improvement of working conditions, budget management and execution of the Victim Union.
1. In collusion with D, from August 201 to December 2013, the Defendant withdrawn KRW 22,330,000,000, monthly, from the first session of the victim association between 29 months and the second session of the victim association, to 770,000 per month, after obtaining approval of the budget, in the name of the victim association’s vehicle rental expenses, for the use of the victim association’s vehicle rental expenses. At the same time, the Defendant arbitrarily consumed the amount of KRW 70,00 per month for personal use, such as meal expenses, transportation expenses, and golf expenses.
Accordingly, the defendant embezzled the victim's property in collusion with D.
2. On August 2014, the Defendant damaged property: (a) at the office of the victim’s association; and (b) D, at the office of the victim’s association, the Defendant destroys receipts attached to the 10th executive data owned by the victim’s association
After reporting, the Defendant accepted this, D collected and crushed the above receipts in the document crushinger.
Accordingly, the defendant, in collusion with D, damaged the victim's property.
Summary of Evidence
1. Partial statement of the defendant;
1. Some statements made concerning D in the suspect examination protocol of the prosecution;
1. Statement made by the police for E;
1. Each statement of the survey and report of the F, G and H prepared;
1. Application of the C Budget Bill, C Trade Union Settlement Statements, and Acts and subordinate statutes;
1. Relevant legal provisions of the Criminal Act and Articles 355 (1), 356, and 30 of the Criminal Act for the crime, the choice of punishment (the occupation of occupational embezzlement and the selection of fines) and Articles 366 and 30 of the Criminal Act 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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.