업무상횡령
Defendants shall be punished by a fine of three million won.
The Defendants did not pay the above fines.
Punishment of the crime
Defendant
A has been engaged in the management of the union funds as a director of the victim H housing reconstruction association, Defendant B, and Defendant C in the first floor of the Seoul Special Metropolitan City Nowon-gu G building.
The Defendants jointly and severally were investigated under suspicion of inflicting bodily injury on I in front of the humanities University in Seoul Special Metropolitan City, Nowon-gu, the Defendants appointed an attorney-at-law in charge of Defendant B’s 35 million won around January 2013, and partly revised the facts charged in the written application for the modification of the indictment to the extent that it does not disadvantage the Defendants’ exercise of their defense rights, based on the facts obtained through the examination without due process of the modification of the indictment, to the extent that it does not disadvantage the Defendants’ exercise of defense rights;
On April 30, 2013, the Seoul Northern District Prosecutors' Office was subject to a disposition regarding the above case.
From June 2013, the Defendants: (a) concluded that the aforementioned attorney-at-law fee of KRW 35 million was appropriated for the money of the said association held by the Defendants for the said association; (b) around June 5, 2013, the said association’s office held a board of directors to execute the said association’s budget to execute the said attorney-at-law’s appointment fee; (c) around that time, Defendant B used the said amount of KRW 35 million from the association’s money to be used for personal purposes at one of the members in Seoul Metropolitan City.
Accordingly, the Defendants conspired and embezzled the victim's property.
Summary of Evidence
1. Defendants’ respective legal statements
1. Legal statement of a witness I;
1. Statement of the police officer to I;
1. As a matter of principle, attorney appointment fees which can be paid at the expense of an organization are limited to cases where the organization itself becomes a party to a lawsuit, attorney fees for civil and criminal cases in which the representative of the organization becomes a party to the lawsuit cannot be disbursed at the expense of the organization, and exceptionally, the organization has substantial interests in the dispute, but the individual is in the position