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(영문) 춘천지방법원 강릉지원 2019.11.22 2019고단1026

업무상횡령등

Text

1. The defendant A shall be punished by imprisonment for one year;

2. Defendant B shall be punished by imprisonment with prison labor for a period of ten months;

However, with respect to Defendant B.

Reasons

Punishment of the crime

Defendant

A was the head of the Gangwon-gu branch office of the victim C (hereinafter referred to as the “victim C”) from November 201 to November 2018, and Defendant B was the head of the Gangwon-gu branch office of the victim C from May 2016 to December 2018.

The Defendants, as the head of the Gangwon-gu branch and the head of the secretariat of the victim association, shall exercise overall control over the operation of the victim association, manage the association funds, etc. paid to the victim association by its members, and have been engaged in affairs such as paying the above association funds according to the internal regulations of the victim association, the general meeting of representatives of the Gangwon-gu branch and the budget plan

1. The Defendants’ co-principal (occupational Embezzlement) committed a crime in the name of the above union members with two passbooks (Account Number: E, F) and the check cards connected to the above account in the name of the above union members where the above union expenses, etc. are deposited, while carrying the above union expenses at will without going through the procedures such as the resolution of the steering committee.

Since then, around October 28, 2016, Defendant A had Defendant B withdraw KRW 6,300,000 from D (F)’s account under the name of the association as a stock investment in the office of Gangseo-gu branch of the victim association located in Samwon branch, and Defendant B deposited the said amount from the said account to G (H) account under his/her name after withdrawing it, and then remitted the said amount to the I (J) account under his/her own name. Since then, Defendant A arbitrarily used the said amount for stock investment from May 25, 2016 to March 10, 2018, as shown in attached Table 1, for total of 26 times from May 25, 2016 to March 10, 2018.

As a result, the Defendants conspired and embezzled the property of the victim association.

2. The sole criminal conduct of Defendant A;

A. On June 27, 2017, Defendant A is the victim at the real estate brokerage office located in Gangnam-si.