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(영문) 춘천지방법원 2017.09.25 2017고단410

업무상횡령등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who works as the head of the Switzerland-si (g) EE association located in Chuncheon-si from January 2014 to January 19, 2017 and has overall control over the management of funds and the affairs of the association on behalf of the said association.

1. Occupational embezzlement;

A. On January 12, 2015, the Defendant embezzled occupational embezzlement by consuming KRW 150,000,000,000 paid by union members at the above partnership office, and embezzled it for the said partnership’s business purpose by consuming it for the purpose of personal use from February 1, 2015 to December 30, 2016. < Amended by Act No. 13183, Feb. 1, 2015; Act No. 13358, Dec. 30, 2016>

B. On January 26, 2015, around January 26, 2015, the Defendant invested in securities for personal purposes from February 1, 2015 to December 30, 2016, while withdrawing KRW 50,000,000,000 paid by union members from the office of the said association for the said association, and embezzled it for personal purposes, such as using it as a food expense for union members.

(c)

On January 5, 2017, the Defendant embezzled occupational embezzlement for the purpose of paying the personal debt to creditors G on the same day while withdrawing the amount of KRW 30 million paid by the union members from the office of the above partnership office on January 5, 2017 and making it available for the said partnership. On the same day, the Defendant embezzled the amount of KRW 18.4 million for the purpose of paying the said personal debt to creditors G around the same month.

2. The Defendant had the intent to forge a certificate of balance issued by Nonghyup to conceal the embezzlement as described in paragraph 1.

On January 1, 2017, the Defendant prepared and printed the date of issuance and the issuer using a computer at the office of the first Used Motor Vehicle in Chuncheon, Hacheon-si, the Defendant entered the issue in the column of issuance “01, 02, 2017” and “the point south of Chuncheon” in the publisher column.