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(영문) 서울남부지방법원 2015.05.07 2015고단504

업무상횡령

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the 11th chairman of the D Trade Union from April 1, 2008 to March 31, 201, who was engaged in overall management of the said trade union affairs and fund performance.

1. On November 17, 2008, at the above trade union office located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant received KRW 500 million from the cultural broadcast of the corporation to December 5, 2008, and paid KRW 318,742,021 as the contribution fee to the postponed from December 5, 2008, respectively, and embezzled the remainder of KRW 167,256,919 as the contribution fee for the said trade union on the part of the said trade union. On December 2008, the Defendant used the said trade union’s officers separately from the above trade union.

2. On October 2010, the Defendant, at the above trade union office, embezzled the Defendant’s contribution fee of KRW 36,119,989 for the instant trade union, while keeping in business for the sake of the trade union, 36,119,989, while consuming 36,119,989, while consuming 36,119,989, while consuming 350,000 won, from each domestic broadcasting company to each of the instant trade union employees, and paid the contribution fee to each of the postponed investors.

3. On October 2010, the Defendant withheld a total of KRW 3.3% of the income tax on unpaid contributions under the foregoing paragraph (2) at the above trade union office, and embezzled for the said trade union’s sake, while in the course of business, he/she consumed KRW 15,00,000 in the middle of October 2010 with the mind of KRW 15,00 in the middle of the said trade union.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused (including the F statement section);

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a written accusation, copy of a letter of commitment, copy of a receipt of passbook without passbook, copy of a statement of payment of contribution fees, transcript of meeting recording (the meeting of the union on February 17, 2012), account statement and slips, articles of association of the association, written statement of deposit transactions, detailed statement of deposit transactions, and written statement

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