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(영문) 창원지방법원 2020.06.12 2020고정7

업무상횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who serves as the secretary of the Do Branch D branch of the Branchis Association C&C (hereinafter “trade union”) and is engaged in the affairs such as managing the F account in the name of E (G) and the F (H) account in the name of E (the “welfare reserve account” of the trade union and the “welfare reserve account” of the trade union.

1. The Defendant committed the general account account-related crime at the Trade Union Office located in Sungwon-gu, Sungwon-si, Co., Ltd., Ltd., in the course of carrying out business the general account funds of the trade union for the victim’s trade union in cash from October 1, 2018 to October 30, 2018, withdrawn the total amount of KRW 7,326,233 from October 1, 2018, and disbursed KRW 6,198,81 for all kinds of enforcement expenses, and consumed the remainder of KRW 1,127,422 for the personal purpose.

In addition, the Defendant withdraws the total amount of KRW 53,641,304 from October 2018 to February 2019, as indicated in the attached list of crimes (1), and then disbursed KRW 37,959,822 from among them as various enforcement expenses, and corrected “15,287,284 won” as stated in the total sum of KRW 15,681,482 as stated in the attached list of crimes (1) as “15,681,482 won” according to the permission for modification of indictment according to the application of the prosecutor at the level of KRW 15,681,482.

A arbitrarily consumed for personal use around that time.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant committed the crime related to the welfare reserve account in the course of operating the welfare reserve account deposited by a trade union for the victim’s trade union at the office of the trade union, and voluntarily consumed the remaining KRW 3,359,000 from August 28, 2018 to August 31, 2018, after withdrawing the total amount of KRW 3,785,000 from August 28, 2018 to August 31, 2018.

In addition, the Defendant is attached from August 2018 to December 2018.