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(영문) 수원지방법원 평택지원 2018.02.01 2017고단1158

업무상횡령

Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is a person in the position of vice president of the FF trade union in Pyeongtaek-si E, and B is a person in the position of vice president of the FF trade union and a person in the position of vice president of the FF trade union.

The above trade union collected 2% of the wages from its members, raised a fund for the operation of the union, and removed 50,000 won per member of the union each month as an activity allowance of the executive members, and deposited it into the agricultural bank account in the name of the defendant A.

around April 29, 2016, the Defendants withdrawn KRW 4 million out of the fund for the operation of a cooperative, which was kept in the agricultural cooperative account as above, in order to support the G election campaign going to the candidate for the president of the cooperative of the said trade union at the above trade union office. At that time, the Defendants voluntarily consumed the said G election campaign.

Accordingly, the Defendants conspired and embezzled 4 million won of the operating fund of the above trade union.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of the witness H;

1. Some statements concerning G from among the protocol of examination of the police destination;

1. Statement made to I by the police;

1. The head of the accusation, the meeting data of representatives, the list of the heads of the F Trade Union departments, the details of disbursement and receipts, and the submission of additional data (such as copies of the passbook A) and each investigation report (the Defendants and the defense counsel withdrawn and used the funds of this case with the consent of all regular executive members)

The argument is asserted.

However, according to the above evidence, the defendants can recognize the fact that they arbitrarily used the funds of this case accumulated in the name of a regular executive member's activity allowance without the consent of all the regular executive members, and thus, they cannot accept the above assertion.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 356, 355 (1), and 30 of the Criminal Act concerning the choice of criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The following circumstances are the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and other factors of the defendant’s person.