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(영문) 광주지방법원 2017.12.21 2017고단3417

업무상횡령등

Text

Defendant

A Imprisonment of one year, 10 months of imprisonment for Defendant C and E, 3 million won of fine, Defendant D, F, G, H, and I.

Reasons

Punishment of the crime

Defendant

A was the chairperson of the K Trade Union comprised of its employees from November 16, 2013 to October 31, 2016 (hereinafter “victim Trade Union”). Defendant B, as the secretary of the Victim Trade Union from November 18, 2013 to June 30, 2016, was in charge of managing and executing the budget of the Victim Trade Union, and was working as the chairperson of the Victim Trade Union from November 1, 2016 to November 1, 2016.

1. While Defendant A was working as the chairperson of the victim trade union, the victim trade union received KRW 1,250,000 per month from L, which is a superior organization, as special grants, and there was a duty to consume the said special grants for the victim trade union and its members, Defendant A embezzled the said special grants by using them for personal purposes, such as living expenses, etc. around May 30, 2014, from that time until May 31, 2016, including using the said special grants, for a total of KRW 31,250,000,000, in total, from around 25 times as shown in the attached Table 1 sheet of crime, from that time, until May 31, 2016.

2. Defendant A and B

A. While executing the budget for the asset purchase business of the victim trade union, the Defendants conspired to prepare the “working expense” for the Defendant A, the chairman of the trade union, by processing the budget changes, such as by withdrawing the transaction price softened after paying the transaction price, or by withdrawing the number of business trips from the trade company.

Defendants shall pay a unit price in installments when concluding a supply contract, such as E, at the victim trade union office located N in N in the Nam-si of September 2014, and after paying KRW 9,050,000 for supply price to E around October 2, 2014, the Defendants received KRW 2,000,000 from the same day to the P bank account in the name of the P bank account managed by Defendant B and received KRW 2,00,000 from the same day.